Interest Groups

Link: Supreme Court Preserves Tabacco Settlement

Summary: In 1998, the attorney generals of thirty states filled suit against tobacco companies because of the large public health costs with smoking and tobacco use. Big Tobacco companies agreed to pay $205 bn over the course of 25 years. Now an interest group, Competitive Enterprise Institute, is fighting it because it  violates Article I, Section 10 of the Constitution.

Relevance: In the last couples weeks we have been covering the Supreme Court, issues with Constitutionality, settled cases, and historical cases in the Supreme Court. This case has been being fought by the CEI for the last five years, but the Supreme Court would not hear the case. The Supreme Court typically only hears appellate cases, and very seldom deals with original jurisdiction cases. The CEI claims that this agreement violates the Constitution because it reads no state may "enter into an agreement or compact with any other state or foreign power," without the consent of Congress. The Supreme Court has every right to pick and choose what cases it hears, this just didn't happen to be one of them. They must decide on the Constitutionality of specific things through activism or restraint.

Opinion: Big Tobacco companies are not states of foreign powers, although it could be argued because "foreign powers" is not explicitly defined in the Constitution. However, I don't think they should be penalized because of people smoking or using their products regardless of the negative impacts it has. In a country of freedom, smoking is a choice, and every person has the choice to smoke or not to smoke. The government should not be able to penalize companies because of the products they sell. But it happens and there is nothing that will be able to change that.