I just got this email from genuine tobacco.com Great news from Genuine Tobacco Company! FEDERAL DISTRICT COURT ORDERS A TEMOPORARY RESTRAINING ORDER AGAINST THE UNITED STATES OF AMERCIA, PREVENTING THE ENFORCEMENT OF THE PACT ACT As many of you know, the Prevent All Cigarette Trafficking Act of 2009 (PACT Act) went into effect today. This act prohibits the mailing of cigarettes, smokeless tobacco, RYO/MYO tobacco, etc. This was the worst possible news that we could have received as this means that we cannot serve our customers in the fashion that you have become accustomed to. This week brought some great news as Federal district Judge Richard Arcara allowed for a temporary restraining order preventing the enforcement of the act. A hearing has been scheduled for July 7, 2010 in the United States District Court, Western District of New York. Until further notice, we once again are accepting orders for smokeless tobacco, leaf tobacco, snus, and RYO/MYO cigarette tobacco in addition to cigars and pipe tobacco. You may begin placing your order through our web site today; however, there may be a delay in shipping your product until we are able to rebuild our inventories of products and supplies.
Federal Judge Richard J. Arcara: “PACT Act violates various provisions of the Constitution, including the commerce clause, the 10th amendment, the due-process clause and the equal protection clause.”
bizarre
All this pain can just be overturned by one judge ruling against? That is either the very best or very worst of systems.
SWEET!
“overturned” temporarily until the hearing.Even if our side wins you can bet everything the US govt will appeal.But they could still lose that appeal.That pesky constitution gets in the govt’s way sometimes.
it isn’t overturned it’s a good sign it maybe over-turned. It will be a nice day if it is. Especialy since the reasons he stated are pretty basic and will leave some egg on a lot of faces.
Something tells me the Seneca are to thank for this, because of the location.
Indeed, Carol. I am positive they are. We should all send them thank you cards. I was waiting for this, just didn’t think it would happen this soon. There is still the issue of FDA registration, but that’s really just a formality.
*crosses fingers* I know that treading on the United States Constitution has been customary for the past 100 years or so, but I hope that someone actually glances at it this time, without contempt.
Treading on the Constitution has been customary since it’s inception. Those who speak for limited government always expand it, to their liking of course.
Ah, but a few people cared for awhile…a greater percent than now care, IMHO.
I found this online petition Opposition to the PACT Act (Snus/Smokeless Users) link
People seem to forget that even George Washington levied taxes. They also seem to forget the sheer complex world we live in. How many nations did the US have to deal with 200 years ago? Not that many. The Global Economy changed everything, like it or not.
@Snuff Hunter: This is beyond a petition. The legislation has already been passed by both chambers and signed by The President. The only thing that can overturn it is a law suit, like the one now in progress. Judges are immune to petitions, as they should be.
Ah, but we had to take on the British impressing our sailors, and Barbary pirates attacking our shipping…I would rather deal with Soviet nuclear weapons rotting in silos and wayward oil spills. America did not have it easy, like we do now.
FDA registration just a formality? Ummm, … if so it’s a formality than can take years and cost many thousands of dollars, sometimes many millions. Some years ago an FDA audit of the plant manufacturing the General Electric company’s Pacemakers, they believed they found unapproved components on the work floor. The Plant was closed, Engineers filing cabinets, desks, personal briefcases and contents were all loaded onto semitrailer trucks, along with the complete contents of the stock rooms and all work in progress. In Less than 24 hours as the word spread throughout the Medical community, G.E Pacemakers were unsalable, and that portion of the company was closed, hourly workers were released, professional staff were found jobs at other facilities-within a week. Six months later the seized goods and material were all returned with a statement that after careful evaluation … no discrepancies were found. Pays to remember that the sole purpose of the FDA and it’s employees is to find reasons why a product or substance is to be disallowed or banned. This is how job security is enhanced and promotion is cultivated. The FDA 'approval requirement 'is actually the most onerous portion of this asinine piece of moronic legislation. Ah Well, JMHO as always, of course I worked later with some of the displaced GE engineers, maybe I’m prejudiced.
@cstokes4 “Judges are immune to petitions, as they should be” But Politicians are not Immune and they are very good at influencing judges.
It is an unamerican act, I hope it is overturned. The FDA thing as well, but as others have said, it’s not about state taxes, but about availability, and being able to get your stuff through the mail, and not having to be home and sign for a UPS package.
@Snuff Hunter: PACT was passed with consent by the Senate, which means no vote was taken. So exactly what politicians are going to stand against it?