Posted on 02/20/2008 6:10:23 PM PST by BGHater
The U.S. Supreme Court on Wednesday tossed out Maine's law taxing the Internet sales of tobacco products, a statute intended to keep cigarettes out of minors' hands by regulating transportation companies.
In a unanimous ruling, the justices concluded the federal government's overall interstate commerce authority trumped the state's public health policing powers. A federal appeals court earlier had found the law unconstitutional.
"Despite the importance of the public health objective, we cannot agree with Maine," said Justice Stephen Breyer, writing for the majority. Federal law says "nothing about a public health exception," he noted.
Maine's Legislature passed the law four years ago to prevent underage smokers from secretly ordering cigarettes over the Internet.
The statute placed requirements on private motor carriers such as United Parcel Service and Federal Express to accept packages only from licensed retailers and release them only to someone with proper identification before delivering.
Under the law, carriers were required to inspect every package containing tobacco headed for Maine, facing liability if they negligently or knowingly allowed minors to obtain the products through unlicensed retailers, based on a list from the state attorney general's office.
Shipping firms argued the law cost them time, money and efficiency while increasing their potential liability.
Besides alcohol, Congress would have the power to give states specific product exemptions from interstate commerce, but it chose not to do so, Breyer said Wednesday.
"It's just that if every state does it differently, it's going to be a nightmare," he said during November's arguments in Rowe v. New Hampshire Motor Transport Association.
Justice Ruth Bader Ginsburg agreed with her colleagues on the court but urged legislators to get involved quickly to address the health concerns.
(Excerpt) Read more at cnn.com ...
Simply Amazing ping.
I can’t believe it’s a unanimous ruling.
But, the court applied the law. They didn’t try to legislate from the bench, or try to say it is good public policy to regulate smoking. They applied the law without making new law. Maybe Roberts is leading the court in a new direction.
Second ruling today that was unanimous.
awesome !!
That will annoy the anti-smoking, tax-grubbing crowd for awhile.....until they mount a Constitutional Amendment banning smoking and tobacco (which I believe they WILL do).
Maine has been sending fines to the homes of people charging them hundreds of dollars in fines. I know of one man who paid atleast $200 in fines for purchasing 2 cartons of cigarettes online. The BIG question is how do they know if they are not somehow monitoring the credit cards of Maine consumers. I would think this would be against the law.
Well, it is, it was, and as of today, it's settled.
From what I’ve read, the state of Maine was actually issuing subpoenas against the billing records of various well-known online cigarette sellers, and cross-checking for Maine addresses.
This week's news from Maine... the State is trying to make it illegal for anybody under 18 to buy energy drinks.
Great observation. You may have hit on something there. Maybe the one person who’s actually going to bring change to this country, isn’t the guy who keeps telling everybody how he’s the only one who can do it.
No suprise here. The State actually hired some people to work in Augusta whose jobs are to read through swap, sell trade newspapers (such as Uncle Henry's) and classifieds taking notes on big costly items. They are watching Mainers like a hawk making sure everybody pays taxes on whatever they sell in classifieds.
Nanny State Ping!!!!!
I need to read the decision before I comment - something seems off.
OH Man, Spitzer must be spittin’ mad in Albany right now!!!!!
Justice Ruth Bader Ginsburg agreed with her colleagues on the court but urged legislators to get involved quickly to address the health concerns.
She said congressional lawmakers could not have "anticipated the federal measure's facilitation of minors' access to tobacco. Now alerted to the problem, Congress has the capacity to act with care and dispatch to provide an effective solution."
I agree, the full decision needs to be read. HOWEVER, if the press, which we know is decidedly anti-smoker is reporting this, it really must be a loss for the anti-smoker cartel.
Follow the money trail.
Where is the pig gif?
“...a statute intended to keep cigarettes out of minors’ hands by regulating transportation companies.”
Yep. Sure. That’s what it’s all about. *SMIRK*
Bump for morning coffee. I’ve got an eclipse to watch. ;)
...flying pigs that is.
The Jenkins Act covering taxation doesn't seem to be addressed at all, at least as reported in the article.
Hmmm.
Well, that is starting to make more sense.
I'm bumping for the same morning coffee.......not for the eclipse, too much cloud cover and too much snow...........expecting the 6am call that school is delayed or cancelled.........but hitting the sack either way!
They won’t do that because tobacco provides an easy revenue stream via sin taxes.
I don’t smoke, but they recently raised the tax here in Maryland to a level that would seem to have passed beyond the threshhold of tobacco addiction and has had the effect of having people either quit smoking or smuggle their cigs in from neighboring states (PA, WV VA and DE). I understand that one store in Harpers Ferry, WV has seen it’s sale of cigs spike with a 500% increase in the last few months.
Way to go Governor Dufus!!
At least one store chain that I know of in Maryland, Weggmans, has also quit on the sale of cigarettes altogether. Curiously, the store takes the high road on the issue, stating that they have stopped sales in the interest of public health, but everyone knows how cost-prohibitive the management of anti-theft of tobacco is in retail.
I do agree with your premise; if it is “so bad” the government should simply outlaw smoking, but I disagree with your prediction and outcome. They never will.
They’ll just make you feel really bad and evil for engaging in this nasty habit. Too bad this state doesn’t draw as hard a line for murderers, rapists and child molesters!
“illegal for anybody under 18 to buy energy drinks”
Haven’t they got any crime to speak of up there??
Thanks for the ping!
I found this unbelieveable, especially being a unanimous decision. Of course, they still had to get their little digs in against smokers and ‘health hazards’ in some of the comments. But a win is a win.
Thanks for the Ping, now if they would reverse their Kelo decision, I’ll have more faith in the Supreme Court upholding the Constitution.
The eclipse was awesome; wish you had had a clear sky! I slept like a rock last night. Felt good!
Now...as for this article...it’s good news for those that want to enjoy an adult, LEGAL product while following the current rules.
I hate taxes. All taxes. But you already knew that, LOL! :)
Have a good day...I’m on the fly this morning.
I’m surprised that the 4 liberal SCOTUS justices ruled correctly. I would have thought they would throw out the law and rule based on the “greater good”. Good for them.
I guess they think that engery drinks and Tobacco (which are LEGAL PRODUCTS!) are more important than LOWERING PROPERTY TAXES (one reason I sold the family cottage on a nice lake), creating jobs and finding ENERGY.
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