The Competitive Enterprise Institute, in a cert petition with POL favorite Michael McConnell on the brief, challenges a Fifth Circuit decision upholding the multi-hundred-billion dollar tobacco settlement negotiated by state attorneys general—effectively a tax and a state-mandated cartelization without any legislative approval, even aside from the giveaway of billions of dollars to trial lawyers who used a questionable legal theory. Sadly, I'm not optimistic about the willingness of the Supreme Court to enforce the Constitution's Compact Clause, which means that it's been "amended" out of the Constitution as inconvenient. See also Michael Greve.
CEI cert petition challenging tobacco settlement
Related Entries:
- Obamacare Debate Complete: The participant with the most compelling argument was...
- Sackett v. EPA
- Coming next week: featured discussion on PPACA
- A small victory against the EPA
- New Podcasts: Making sense of the court order in Kiobel
- Kiobel debate complete
- New Featured Discussion: Kiobel and corporate liability under the Alien Tort Statute
- Supreme Court hears argument on Stolen Valor Act
- Around the web, January 27
- Compucredit v. Greenwood
- Wherein George Soros wastes his money
- The myth of the pro-business Supreme Court (continued)
- Legal education: Debate shifts from content to competition
- Hans Bader on the student loan disaster
- The expense of the death penalty
![]() |
| Isaac Gorodetski Project Manager, Center for Legal Policy at the Manhattan Institute igorodetski@manhattan-institute.org |
![]() |
| Laura Eyi Press Officer, Manhattan Institute leyi@manhattan-institute.org |



