 In 2004 , Sotomayor was part of the judge panel that ruled in Swedenburg v. Kelly that New York 's law prohibiting out @-@ of @-@ state wineries from shipping directly to consumers in New York was constitutional even though in @-@ state wineries were allowed to . The case , which invoked the 21st Amendment , was appealed and attached to another case . The case reached the Supreme Court later on as Swedenburg v. Kelly and was overruled in a 5 – 4 decision that found the law was discriminatory and unconstitutional . 
