Archive for October, 2008

Carvin’s Charges

Thursday, October 16th, 2008

I’ll have to post a precis of the argument in chunks. For now, I’ll try to quickly recap some of the industry’s position, as expressed by Michael Carvin in the first 1/2 hour of argument. This is by no means a complete recap of the issues. Yet, the wire services just don’t have room for […]

Orphan in the storm

Tuesday, October 14th, 2008

Imagine you’re in a strange, rough country. You see a boy being beaten unmercifully in the street by an older boy who is shouting, “Thief! Cheat! Liar!”
Thank goodness, you see 3 cops come to break it up. But the cops take the older boy’s word, and start hitting the child too, yelling, “You thief! […]

Justices Blow Ill Wind toward Good

Monday, October 6th, 2008

Re: Altria Group, Inc. v. Good (07-562) (SCOTUS Oral Argument heard Oct. 8, 2008)

The Supreme Court Justices seemed most concerned about Congress’ intent in the 1965 Federal Cigarette Labeling and Advertising Act. Did Congress mean to preempt all law and lawsuits having anything to do with advertising and smoking and health?
Altria’s lawyer, Ted Olson, had […]

Justices Attack Gov, but even an incompetent FTC may preempt States

Monday, October 6th, 2008

re: Altria Group, Inc. v. Good (07-562) (SCOTUS Oral Argument heard on Oct. 8, 2008)

The Justices today were tough on Altria lawyer Ted Olson, tougher on Good lawyer David C. Frederick–and toughest of all on DOJ lawyer Douglas Hallward-Driemeier, Assistant to the Solicitor General.
Justice Alito told Hallward-Driemeier that he found the government’s position “incomprehensible” if […]

Preparing for Good

Friday, October 3rd, 2008

§ 1331. Congressional declaration of policy and purpose
It is the policy of Congress, and the purpose of this chapter, to establish a comprehensive Federal program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health . . .
No statement relating to smoking and health, other than the statement required […]