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Case Details

Case: Rowe, G. Steven (Maine Atty. Gen.) v. New Hampshire Motor Transport Assn., et al.
Subject(s): preemption, tobacco, Federal Aviation Administration Authorization Act, motor transport
Appealed from: First Circuit Court of Appeals

Docket No: 06-0457
Decision Rendered: No
Decision: None

Question(s) presented: Whether state governments -- newly emboldened by the federal tobacco settlement to take anti-smoking measures -- are allowed to require companies that deliver internet tobacco orders to verify the age of their recipients.

Holding of appellate court: The U.S. District Court ruled that the law was preempted by the FAAAA. The U.S. Court of Appeals for the First Circuit affirmed the lower court. The First Circuit held that a police power exception to the general rule of preemption would be far too broad and was not intended by Congress. Maine could validly ban all unlicensed tobacco products within its borders, but the FAAAA prohibited the state from implementing this goal by imposing requirements on carriers that significantly alter their delivery procedures.

Date of Oral Arguments Your Prediction Your Prediction by Justice Update
Affirm Reverse Vacate Justice Affirm Reverse Vacate
Nov 28, 2007 Alito
Breyer
Ginsburg
Kennedy
Roberts
Scalia
Souter
Stevens
Thomas