Supremes Invalidate Wacky Tobaccy Law
pO157.
Posted to Business on Fri Feb 22, 2008 at 06:31:35 AM EST (promoted by port1080). RSS.
In a 9-0 decision the Supreme Court struck down a state law in Maine which required trucking companies to play a part in the war on underage smoking.
The law required trucking and shipping companies to intercept all packages containing tobacco and verify the ages of purchasers of internet cigarettes. The state also imposed the law to ensure they were collecting on tax revenue, something that is particularly lucrative for Maine and other states. Advocates for these companies complained it was not their business to verify the ages of people the packages were being sent to, and that it added extra time and cost to a burdened shipping system.
The Bush administration filed a brief opposing the law, stating that it unfairly burdened the trucking industry with state level regulations after Congress had deregulated interstate commerce by stating no state could mandate prices, routes, or services offered by shipping firms. As Congress did not allow an exemption for tobacco sales regulation, the Supreme Court ruled that free interstate commerce trumped the powers of the individual states to use their police powers for public health reasons.
The law is one of many similar bills passed by other states to prevent minors from purchasing tobacco over the phone or internet. Anti-smoking groups were in favor of the bill because they claimed it cut down on the ability of minors with access to credit cards and the internet from obtaining tobacco when local clerks were unlikely to supply it.
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