Ted Kennedy

Supreme Court rules on tobacco regulation

The next move will come from Congress.

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Before the ink was even dry on Tuesday’s Supreme Court decision that effectively ended the Food and Drug Administration’s authority to regulate cigarettes, congressional tobacco opponents were mustering their troops for a legislative push to broaden the FDA’s powers.

Sen. Edward Kennedy, D-Mass., decried the Supreme Court decision and has already begun putting together legislation aimed at “giving the FDA jurisdiction over the marketing and sale of tobacco,” Kennedy staffer Jim Manley said Tuesday.

Kennedy hopes to enlist the support of former anti-tobacco ally Sen. Bill Frist, R-Tenn., in drafting a bipartisan bill, Manley said. Frist’s office confirmed that the senator is reviewing Tuesday’s decision and may consider introducing legislation to expand the FDA’s scope.

Kennedy and Frist have worked together on previous tobacco legislation, and Manley said he is optimistic that a bill to broaden the FDA’s powers in the area of tobacco regulation “can move quickly through both the House and Senate.”

If all goes well, Kennedy and Frist may introduce legislation within a month, Manley said.

Tobacco opponents were disappointed but not surprised when the court ruled 5-4 that the FDA’s congressional charter does not give the agency jurisdiction over tobacco products.

“This was what everybody expected, given the types of questions that the justices were asking” when they heard the case last fall, said Donald Shopland, coordinator of the Smoking and Tobacco Control Program at the National Cancer Institute. “It just puts us back to square one.”

The tobacco industry predictably cooed over the decision.

“Business and industry throughout the nation ought to breathe a sigh of relief. The highest court in the land has confirmed that a federal agency cannot on its own go beyond its limits of authority set by Congress,” Brown & Williamson Tobacco Corp. said in a release.

It was Brown & Williamson that sought the initial injunction on which Tuesday’s Supreme Court decision was based.

Brown & Williamson and other tobacco companies rallied against a 1996 move by the FDA to establish uniform federal rules aimed at preventing tobacco sales to minors. Those rules prohibited the sale of tobacco to kids under 18, banned the sale of individual cigarettes and prohibited cigarette vending machines except in bars and other “adult-only” businesses.

Attorneys for big tobacco argued that their product was not a drug subject to FDA control.

The Supreme Court, as it turned out, agreed. While the court called youth smoking, and indeed smoking in general, “one of the most troubling public health problems facing our nation today,” it ruled that the FDA could not be reasonably expected to regulate tobacco.

At the heart of the majority opinion, authored by Justice Sandra Day O’Connor, are two apparently irreconcilable legislative precedents: that Congress has expressly prohibited the “removal of tobacco products from the market”; and that the FDA must, under its own rules, ban any product that is not “safe” and “efficacious.”

Since the FDA and every other agency in the federal health pantheon have repeatedly averred that tobacco is patently unsafe, the agency would be forced to ban the product in defiance of congressional edict if it were granted regulatory control, the court found.

In a somewhat ludicrous twist, the FDA had attempted to argue that tobacco products were in fact “safe” under the definitions included in the agency’s official charter, but the court wasn’t swayed by the argument.

“No matter how ‘important, conspicuous, and controversial’ the issue … an administrative agency’s power to regulate in the public interest must always be grounded in a valid grant of authority from Congress,” O’Connor wrote.

David McGuire is a reporter in Washington.

Ted Kennedy rented a brothel in 1961

The FBI claims that a year before his Senate election, Kennedy rented a Chilean brothel while on fact-finding trip

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Ted Kennedy rented a brothel in 1961Edward "Ted" Kennedy, former U.S. senator from Massachusetts (D).

An FBI file contends that a young Edward M. Kennedy arranged to rent a brothel for a night while visiting Chile in 1961, a year before he was elected to the Senate.

The previously redacted State Department memo, dated Dec. 28, 1961, was released by Judicial Watch, a Washington-based organization that said it obtained it through a Freedom of Information lawsuit.

According to the memo, the Massachusetts Democrat made arrangements to rent the brothel “for an entire night” in Santiago earlier in 1961. “Kennedy allegedly invited one of the Embassy chauffeurs to participate in the night’s activities,” according to the memo.

One State Department official described Kennedy as “pompous and a spoiled brat,” according to the memo. Kennedy was making a fact-finding trip to several Latin American countries. “Kennedy met with a number of individuals known to have communist sympathies,” the memo said.

Kennedy was a 29-year-old assistant district attorney in Boston at the time of the trip. He was elected to the Senate in 1962 and served more than four decades until his death in 2009.

Kennedy’s family members had no immediate reaction to the release of the memo.

The documents from Judicial Watch provide no indication of the source of the allegations or whether the FBI believed the allegations were true. Judicial Watch said it waged a “tough” fight with the Obama administration for access to the previously secret documents.

Last June the FBI released more than 2,300 pages of documents from Kennedy’s file, many of them containing information about various death threats against Kennedy and his family. Some of the material was redacted by the FBI.

Some of the threats prompted investigations, some resulted in warnings to Kennedy or local law enforcement authorities. There is no indication any attempts were carried out.

Kennedy family members were given a chance to review and to raise objections to the documents before they were released last June. The FBI has additional documents on threats to Kennedy, possibly thousands more pages, that it plans to make public once the agency finishes reviewing them.

The family has no legal power to keep information withheld, the FBI has said, but the bureau does consider privacy concerns on a case-by-case basis.

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Carter: Kennedy was drinking before 1980 snub

The former president's newly released presidential diary includes an interesting observation about a famous moment

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Carter: Kennedy was drinking before 1980 snubJimmy Carter, left, shakes hands with Sen. Edward Kennedy on the podium at the Democratic National Convention in 1980.

This week marks the publication of Jimmy Carter’s private journal of his presidency, “White House Diary.” The entries are often brief, but Carter does offer an interesting account of one of the most widely discussed moments of his doomed 1980 reelection effort: Ted Kennedy’s apparent snub of him on the final night of the Democratic convention in New York, just after Carter had delivered his acceptance speech.

“Afterward,” Carter writes in his diary, “Kennedy drove over from his hotel, appeared on the platform along with a lot of other people, seemed to have had a few drinks, which I probably would have done myself. He was fairly cool and reserved, but the press made a big deal of it.”

They sure did — and for good reason. Kennedy’s challenge of Carter for the ’80 nod was unusually bitter and protracted. Even though Carter won twice as many delegates in the primary and caucus season, Kennedy fought all the way to the August convention, attempting to convince delegates to support a rule change that would have allowed them to vote their conscience on the first ballot — instead of being forced to cast a ballot for the candidate they’d been pledged to during the primary season. Only when this effort failed did Kennedy back down and end his campaign (with what was probably the best speech of his career). So it was only logical that the press would watch the body language closely when the two men came together onstage after Carter’s acceptance speech two nights later — and Kennedy’s discomfort was obvious. As the Washington Post reported it:

When Kennedy did arrive, wearing that familiar tight-lipped smile his traveling press corps has come to call “the smirk,” he strode into the crowd of Democratic officials already on the podium, gave Carter a perfunctory shake of the hand, and walked away to the side of the platform.

There followed a comical ballet in which Jimmy and Rosalynn Carter and House Speaker Thomas P. (Tip) O’Neill Jr. (Mass.) all tried futilely to lead Kennedy back to center stage for an arms-up pose with the president.

When Kennedy went to the left side of the platform to raise a fist toward his Massachusetts delegation, Carter made a beeline to join him and struck the same pose. But Kennedy’s arm had come down a split-second before Carter’s shot up.

You can watch some of Kennedy’s snub of Carter in this video:

Carter has already rasied eyebrows while promoting his diaries. In a “60 Minutes” segment that aired over the weekend, he told Lesley Stahl that “we would have had comprehensive healthcare now, had it not been for Ted Kennedy’s deliberately blocking the legislation that I proposed” as president. “It was his fault,” Carter added. “Ted Kennedy killed the bill.”

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

New FBI docs show Kennedy death threats

The FBI releases previously secret files concerning death threats against the late Sen. Edward Kennedy

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Most of the secret FBI files on the late Sen. Edward Kennedy being released Monday concern death threats against the longtime senator.

Alex Brown of the FBI’s records management division said the FBI would post some 2,000 pages of previously secret pages about the Massachusetts Democrat on the agency’s website.

The release of the documents has been highly anticipated by historians, scholars and others interested in the life and long public career of one of America’s most prominent and powerful politicians.

The Associated Press and other media organizations requested the documents through Freedom of Information Act requests.

Kennedy faced death threats when he ran for president in 1980 and before that in the years following the assassinations of his older brothers.

President John F. Kennedy was assassinated in Dallas on Nov. 22, 1963. U.S. Sen. Robert F. Kennedy was slain in Los Angeles on June 6, 1968.

The deaths of his two older brothers cast a long shadow on Kennedy’s life, and prompted fears he too would be targeted by an assassin’s bullet.

After his brothers’ assassinations, Kennedy wrote in his memoir “True Compass” released last year, that he was easily startled at loud sounds, and would hit the deck whenever a car backfired.

Kennedy, who served in the Senate for nearly half a century, died in August 2009 after a yearlong struggle with brain cancer. He was 77 and the last surviving brother of the famed political family.

——

Online:

http://foia.fbi.gov/hottopics.htm

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Coakley wins primary to replace Kennedy

The Massachusetts state attorney general won the Democratic nomination easily; she's likely to win the general too

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Tuesday night, Massachusetts Attorney General Martha Coakley won the Democratic primary in a special election to replace the late Sen. Ted Kennedy. If all goes as expected, she’ll win the general election, held early next year, and be sworn in to the Senate.

Coakley was the front-runner going into the night, but her margin of victory was still impressive. In a four-way race, Coakley still managed to pick up a plurality of 47 percent, beating Rep. Michael Capuano’s 28 percent and the 13 percent and 12 percent that Alan Khazei and Stephen Pagliuca were able to pull in, respectively.

Beyond just giving Coakley the opportunity to take Kenedy’s place in the Senate, Tuesday’s vote represented a milestone for Massachusetts: This is the first time either party has nominated a woman for one of the state’s Senate seats.

Alex Koppelman is a staff writer for Salon.

Voters picking a successor for Kennedy

A primary's held in the race to replace Ted Kennedy in the Senate

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Voters are heading to the polls in Massachusetts Tuesday, in the first step towards picking a longer-term replacement for the late Sen. Ted Kennedy. This vote is just the primary — the general won’t be held until early next year — but given the Democratic advantage, it will all but decide the final outcome.

The race has flown under the radar thus far, largely because state attorney General Martha Coakley has consistently been favored in polls. She’s running against Rep. Michael Capuano, Boston Celtics co-owner Stephen Pagliuca and Alan Khazei, who started the community service organization City Year.

There is one interesting dynamic to the race. Former President Bill Clinton endorsed Coakley recently. That pits him against former Gov. Michael Dukakis, the Democratic presidential nominee in 1988; Dukakis is backing Capuano.

Currently, Kennedy’s seat is held by Paul Kirk.

Alex Koppelman is a staff writer for Salon.

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