Judge Arcara's PACT ruling expected today...

[snusgetter]

UPDATE OF RULING POSTED IN SEPARATE THREAD

Judge's ruling on cigarette regs expected in NY

BUFFALO, N.Y. (AP) - Seneca Indians in the mail-order cigarette business are awaiting a judge's ruling on whether they'll have to comply with a new federal law.

About 140 western New York businesses belonging to the Seneca Free Trade Association, as well as another Seneca businessman, say the Prevent All Cigarette Trafficking Act is unconstitutional. The law prevents businesses from shipping cigarettes through the mail.

Known as the PACT Act, the law took effect June 29. But the Seneca businesses have not had to comply because of a temporary restraining order that expires at midnight Friday. U.S. District Judge Richard Arcara is expected to rule sometime before then on the businesses' request to stop the government from enforcing the law while their legal challenge is ongoing.

What might this mean for us?

It depends on how deep the judge's ruling goes.

The constitutionality of the Act has also been brought into question,
concerning, among other issues, constraint of trade.

Judge Arcara's ruling might also help to clarify some of the provisions
that are ambiguous enough to cause confusion.

(Some of the Indian cigarette sellers had just begun to offer American snus.)

[c.nash]

I sure hope it goes their/our way...

[bipolarbear1968]

Need to keep an eye on this so let's keep our fingers crossed!

I do expect the feds to appeal though....

[snusgetter]

Need to keep an eye on this so let's keep our fingers crossed!

I do expect the feds to appeal though....

That goes without saying...

Must keep the scavenging barristers busy so they
can afford more, and bigger, and better yachts!!

DECORUM IN THE COURT, PLEASE
(Yeah, let's not call it what it is!)

[GoVegan]

We will see. Judge Arcara was appointed by Ronald Reagan and is known to be on the very conservative side. He does not get very good reviews though.

http://www.therobingroom.com/Judge.aspx?ID=1466

[snusgetter]

We will see. Judge Arcara was appointed by Ronald Reagan and is known to be on the very conservative side. He does not get very good reviews though.

http://www.therobingroom.com/Judge.aspx?ID=1466

Wow, there go any celebrations that might have been planned!!

One factor that might come into play is if he tends to look after businesses in general
as opposed to the interests of government to get in the way of business dealings
(restraint of trade, etc). Seems to me the Reagan years were pretty much about
de-regulation and the PACT Act is pretty much over-regulation...

[myuserid]

*fingers crossed*

[bipolarbear1968]

He seems to be on the Seneca's side in this particular matter, hence the restraining order.

[snusgetter]

He seems to be on the Seneca's side in this particular matter, hence the restraining order.

And we are all Senecas at heart!!

[c.nash]

GO SENECAS!



please?

[GoVegan]

He seems to be on the Seneca's side in this particular matter, hence the restraining order.

It could just be that the Seneca's have a good lawyer.

[bipolarbear1968]

It could just be that the Seneca's have a good lawyer.

With this said, it does help.

[snusgetter]

This Just In..

UPDATE OF RULING ALSO POSTED IN SEPARATE THREAD

July 30, 2010, 3:15 PM

Judge upholds ban on mailing of cigarettes

A judge today upheld the federal government's right to ban the mailing of cigarettes by Seneca Nation tobacco businesses, but rejected for the time being the collection of taxes on those cigarettes.

The ruling by U.S. District Judge Richard J. Arcara upholds the crux of a new federal law that Seneca business owners say will cripple their mail-order operations.

In short, the judge banned the sale of tobacco products through the mail but allowed for other forms of interstate sales of tax-free cigarettes.

The Prevent All Cigarette Trafficking Act, or PACT Act, is viewed by both critics and supporters as sweeping legislation with billions of dollars in tax revenue and thousands of jobs at stake.

Arcara, in his decision, rejected a request by Seneca businesses for a preliminary injunction that would have prevented the government from enforcing a law that applies to all businesses that mail tobacco products.

The judge, however, did issue an injunction against one aspect of the law -- the right of federal, state and local governments to collect taxes on other forms of interstate sales of tobacco products.

Earlier this month, Arcara issued a temporary restraining order that, in essence, gave the businesses a reprieve from the laws enforcement.

The new law prohibits the U.S. Postal Service from delivering commercial cigarette shipments, and requires companies that engage in interstate cigarette sales to pay all federal, state and local taxes where the buyer lives.

The law also requires cigarette businesses to register with the state where they are headquartered and make periodic reports to state tax departments. It also requires they check the age and identification of customers who buy tobacco products.

In defending the law, government lawyers said it was enacted to prevent underage smokers from obtaining cigarettes through the mail and to end a practice that cost governments billions of dollars a year in lost taxes.

The government claims the federal measure was carefully drafted to adhere to the U.S. Constitution and to avoid infringing on the sovereign rights of Native Americans.

The bill, signed into law in March by President Obama, is backed by a coalition that ranges from anti-smoking groups to convenience store owners to large tobacco manufacturers.

The other side, most notably Seneca businesses, has portrayed the law as discriminatory against Indians, and as a windfall for non-Indian tobacco businesses.

The Seneca Fair Trade Association, which represents 140 businesses, has argued that the law is unconstitutional and, if enacted, would force hundreds of Seneca-owned businesses to close their doors and eliminate 3,000 jobs."

It seems like Judge Arcara considered only the plight of the Senecas at this time.
I couldn't find any mention of the other issues he was reported to be considering.
Maybe there will be more updates forthcoming, but I doubt it.

"..the judge banned the sale of tobacco products through the mail but allowed for other forms of interstate sales of tax-free cigarettes" pretty much summarizes the
findings in favor of the PACT Act??