The walking zombie (governor) and other Maine politicos were given a huge slap in the face today!
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Court rubs out Maine law regulating Internet tobacco sales[Supreme Court]
CNN ^ | 20 Feb 2008 | Bill Mears


Posted on 02/20/2008


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.

The statute placed requirements on private motor carriers such as United Parcel Service and Federal Express to accept packages only from licensed retailers and release them only to someone with proper identification before delivering.

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.

Justice Ruth Bader Ginsburg agreed with her colleagues on the court but urged legislators to get involved quickly to address the health concerns.

This is MAJOR news.

I don't know anything other than what Dave posted above, but this sets A SUPREME COURT RULING precedent regarding regulation of internet tobacco sales.

In short, this means that any time a court case comes up regarding internet tobacco sales, the highest court in the land has established a legal precedent regarding any such action.

The specifics of this particular case will be relevant in such matters. Nonetheless, it appears to be a major victory.

It's also not being reported much by the newspaper and tv media. I only stumbled across it by accident on the internet.

I looked into this a little today and there's a downside...

...The Supremes also included wording in their decision that Congress should act to create a Federal Regulation.

My readings on this decision did not include any mention of taxes only that this law puts an undo burden on shipping companies to identify parcels containing tobacco and insure that it does not get into the hands of a person under 18.

Yeah, I put the thread in the wrong section, thought at first it had to do with taxes.