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:
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- The Bond That Ties: A Case-Study in Federalism
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- TLI Update: Supreme Court To Hear Patent Troll Cases
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- The cy pres morass and In re BankAmerica Corp. Securities Litigation
- CEI, Cato, and PLF weigh in on Mount Holly
- Marek v. Lane & Dry Max Pampers in today's NY Times
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- Supreme Court Ethics Act of 2013
- Cy pres in SCOTUS? Facebook Beacon settlement certiorari petition
- Recess Appointments Update
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Rafael Mangual Project Manager, Legal Policy rmangual@manhattan-institute.org |
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Communications Manhattan Institute communications@manhattan-institute.org |