Court Rubs Out Maine Law Regulating Internet Tobacco Sales

[Milton Bradley]

Court rubs out Maine law regulating Internet tobacco sales - CNN.com

WASHINGTON (CNN) -- 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. 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.

Damn, it's about time.


Now, I wonder if there is recourse for monies extorted by the State in the past.


Take that Nanny Staters.

[brien]

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.

Milton;

Trucking and shipping companies can't be the government's enforcers. Even Al Capone and Elliot Ness knew this! Maine can have some real progressive ideas, but this one is like a fart in church.

I am with you on this. The internet sales are the last bastion of the free market!.

[GHook93]

As it should since it violates the commerce clause and the police power exception shouldn't apply!

[The Decider]

Looks like Congress will have to make a federal law under the commerce statute to resolve this issue. Why should Maine be the only state to protect its kids from a public health danger? Make it all 50 states. Thanks to the US Supreme Court decision and a larger Democratic majority expected in Congress, I think we can make this happen across our nation.

[Milton Bradley]

Quote by: The Decider Looks like Congress will have to make a federal law under the commerce statute to resolve this issue. Why should Maine be the only state to protect its kids from a public health danger? Make it all 50 states. Thanks to the US Supreme Court decision and a larger Democratic majority expected in Congress, I think we can make this happen across our nation.

Instead of insisting Nanny protect everybody, how about people watch their own kids.


I don't wish to be burdoned with other peoples responsibilities.


If it really does take a village to raise a child, then dammit, I want to spend some "quality time" with my step children.

[The Decider]

Quote by: Milton Bradley Instead of insisting Nanny protect everybody, how about people watch their own kids. I don't wish to be burdoned with other peoples responsibilities. If it really does take a village to raise a child, then dammit, I want to spend some "quality time" with my step children.

I understand your frustration. That the Congress could get around this Maine court ruling by simply federalizing the internet sales ban must be very irritating to libertarians. Perhaps they can mobilize public opinion to stop them.

I for one am looking forward to the possibility of such a ban; and the irony that a single overturned ruling in Maine could lead to a much wider statute across the nation.

[Apeman81]

Quote by: The Decider Looks like Congress will have to make a federal law under the commerce statute to resolve this issue. Why should Maine be the only state to protect its kids from a public health danger? Make it all 50 states. Thanks to the US Supreme Court decision and a larger Democratic majority expected in Congress, I think we can make this happen across our nation.

Nothing like advocating another secession of our freedom to the government in the name of protecting us from ourselves.

[adam10312]

Quote by: Apeman81 Nothing like advocating another secession of our freedom to the government in the name of protecting us from ourselves.

Right on.

[Chancellor]

Quote by: brien Milton; Trucking and shipping companies can't be the government's enforcers. Even Al Capone and Elliot Ness knew this! Maine can have some real progressive ideas, but this one is like a fart in church. I am with you on this. The internet sales are the last bastion of the free market!.

Yet New York State requires its citizens to declare the amount of Internet and mail-order catalog purchases on the state income tax form (for the purpose of assessing the person's further tax liability).

[Chancellor]

Quote by: The Decider I understand your frustration. That the Congress could get around this Maine court ruling by simply federalizing the internet sales ban must be very irritating to libertarians. Perhaps they can mobilize public opinion to stop them. I for one am looking forward to the possibility of such a ban; and the irony that a single overturned ruling in Maine could lead to a much wider statute across the nation.

Or, Congress could simply add tobacco as a product exemption. Note from the article:

"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" (bolding is mine).

[The Decider]

Quote by: Chancellor Or, Congress could simply add tobacco as a product exemption. Note from the article: "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" (bolding is mine).

True, and when the Republicans regain control of Congress that might happen. The pendulum is swinging in the other direction at present, making this ruling in Maine a moot issue (probably).

[The Decider]

Quote by: Apeman81 Nothing like advocating another secession of our freedom to the government in the name of protecting us from ourselves.

I detect some frustration. Perhaps you can channel it into a libertarian candidate and work to change the status quo. You'll find Ron Paul campaigning in his Texas home district where he faces a Republican primary challenge. He could use your help.

[Apeman81]

Quote by: The Decider I detect some frustration. Perhaps you can channel it into a libertarian candidate and work to change the status quo. You'll find Ron Paul campaigning in his Texas home district where he faces a Republican primary challenge. He could use your help.

Thanks. He needs a lot more than just mine...

[HelioPrime]

Quote by: Milton Bradley Court rubs out Maine law regulating Internet tobacco sales - CNN.com Damn, it's about time. Now, I wonder if there is recourse for monies extorted by the State in the past. Take that Nanny Staters.

I would have thought you'd be against the Fed trying enforcing tax laws nationwide?

[Milton Bradley]

Quote by: HelioPrime I would have thought you'd be against the Fed trying enforcing tax laws nationwide?

I am, and that's what this ruling will now prevent.

[tivodan1116]

Huh? How will this ruling prevent the fed from enforcing tax laws?

[HelioPrime]

Yah. The way I'm reading this is the Fed's authority trumps the states.

So yet another example of the Fed taking charge within a single state.

[The Decider]

Quote by: tivodan1116 Huh? How will this ruling prevent the fed from enforcing tax laws?

Precisely my point earlier. The Maine ruling merely gives authority over internet tobacco sales to the federal government under the Commerce Clause. I reminded Milton that Maine's loss could well be a 50 state gain in federal anti-tobacco interstate trade legislation. With the distinct possiblity of a larger Democratic majority in November, and a Democratic president, I like the chances for that to happen.

[Milton Bradley]

Yeah, it appears that I had read something incorrectly, and I had completely misunderstood the ruling.


:(

[Technosoul]

Quote by: Milton Bradley Court rubs out Maine law regulating Internet tobacco sales - CNN.com Damn, it's about time. Now, I wonder if there is recourse for monies extorted by the State in the past. Take that Nanny Staters.

Yea for the court (this time).

In the old days no one tampered with the mail and that is how it should be. Unless there is a direct threat that someone is mailing a bomb or whatever, and that is even questionable.

But it should not be up to the post officies, UPS, etc. to police who sold what to whom. And taxes should not a added to pay for that so-called added law enforcement. The parents can tell if their kid is smoking, good greef, everyone can smell it on their cloths (I am told) and so it would be hard to keep it a secret.

Now that taxes are a big no no the goverments are seeking to raise money with those extra taxes on all kind of things, fines, fees, tickets, and anything they can use to raise money, and sin taxes are one of those "extra ways" too plunder an already overtaxed population.