Ted Kennedy
Supreme Court rules on tobacco regulation
The next move will come from Congress.
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. More David McGuire.
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
Edward "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.
Continue Reading CloseCarter: Kennedy was drinking before 1980 snub
The former president's newly released presidential diary includes an interesting observation about a famous moment
Jimmy 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.
Continue Reading Close
Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki More Steve Kornacki.
New FBI docs show Kennedy death threats
The FBI releases previously secret files concerning death threats against the late Sen. Edward Kennedy
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.
Continue Reading CloseCoakley wins primary to replace Kennedy
The Massachusetts state attorney general won the Democratic nomination easily; she's likely to win the general too
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. More Alex Koppelman.
Voters picking a successor for Kennedy
A primary's held in the race to replace Ted Kennedy in the Senate
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. More Alex Koppelman.
Page 1 of 13 in Ted Kennedy