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Federal Courts -
U. S. Supreme Court - February 23 - March 21, 2000
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United States v. Locke, Nos. 98-1701 and 98-1706,
SUPREME COURT OF THE UNITED STATES, March 6, 2000 *, Decided* Together with No. 98-1706, International Association of Independent Tanker Owners (Intertanko) v. Locke, Governor of Washington, et al., also on certiorari to the same court.
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Overview: More recent state laws regulating oil tanker design, equipment, reporting, and operating requirements could not stand because they were preempted by the comprehensive federal regulatory scheme governing oil tankers.
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FDA v. Brown & Williamson Tobacco Corp., No. 98-1152,
SUPREME COURT OF THE UNITED STATES, March 21, 2000, Decided
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Overview: The court affirmed the decision of the court below, which held that Congress had not granted the Federal Food and Drug Administration (FDA) jurisdiction to regulate tobacco products. The court stated that, considering the Federal Food, Drug and Cosmetic Act (Act),, as a whole, it was clear that Congress intended to exclude tobacco products from the FDA's jurisdiction. If tobacco products were within the FDA's jurisdiction, the Act would require the FDA to remove them from the market entirely. Such a ban would contradict Congress' clear intent as expressed in recent tobacco-specific legislation. Thus, there existed no room for tobacco products within the Act's regulatory scheme. Given the history and the breadth of the authority that the FDA had asserted, the court was obliged to defer not to the agency's expansive construction of the statute, but Congress' consistent judgment to deny the FDA the power to regulate tobacco products. Therefore, the court affirmed the decision of the court below.
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