The gamecock. (Columbia, S.C.) 1908-2006, March 22, 2000, Page 5, Image 5
__Nation & World__
FDA can't regulate tobacco, high court rules
by Laurie Asseo
Associated Press
Washington —The government lacks
authority to regulate tobacco as an ad
dictive drug even though tobacco use may
be “the single most significant threat to
, public health,” the Supreme Court said
Tuesday, throwing out the Clinton ad
ministration’s main anti-smoking initia
tive.
The 5-4 ruling said Congress did
not authorize the Food and Drug Ad
ministration to regulate tobacco. Presi
dent Clinton and others immediately said
Congress should pass a law letting the
FD4 reinstate its rules cracking down on
cigarette sales to minors.
“If we are to protect our children
from the harms of tobacco, Congress must
now enact the provisions of the FDA
rule,” Clinton said in a statement issued
while he was traveling in India.
But Mark Smith, spokesman for
Brown & Williamson Tobacco Corp.,
welcomed the ruling. “Business and in
dustry 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,” he
said.
Justice Sandra Day O’Connor, writ
ing for the court in the case that began in
Greensboro, N.C., said, “By no means
do we question the seriousness of the
problem that the FDA has sought to ad
dress.” She said, “The agency has amply
demonstrated that tobacco use, particu
larly among children and adolescents,
poses perhaps the single most significant
threat to public health in the United
States.”
However, she said, “We believe that
Congress has clearly precluded the FDA
from asserting jurisdiction to regulate to
bacco products.”
The ruling was a victory for an in
dustry that has been under increasing pres
sure for selling a product the American
Cancer Society calls the leading cause of
cancer. Cancer society head John R Sef
frin said he was disappointed by the rul
ing.
The Justice Department also has a
lawsuit pending against the industry, which
has agreed to pay the states $246 billion
for the cost of treating smoking-related
illnesses. Cigarette billboards around the
country were taken down last year as part
of that agreement.
O’Connor’s opinion was joined by
Chief Justice William H. Rehnquist and
Justices Antonin Scalia, Anthony M.
Kennedy and Clarence Thomas.
Dissenting were Justices Stephen G.
Breyer, John Paul Stevens, David H.
Souter and Ruth Bader Ginsburg. Writ
ing for the four, Breyer said the 1938 fed
eral Food, Drug and Cosmetic Act’s “ba
sic purpose — the protection of public
health — supports the inclusion of cig
arettes within its scope.”
The ruling throws out the FDA’s rule
requiring convenience stores and other
places that sell cigarettes to require iden
tification from anyone under age 27 seek
ing to buy tobacco products.
Other FDA rules put on hold earlier
would have limited vendiiig-machine cig
arette sales to adults-only locations, such
as bars, and would have limited cigarette
advertising. All 50 states already ban to
bacco sales to anyone under 18, and the
FDA adopted that rule nationwide.
Sen. Tom Harkin, D-Iowa, said, “I
ask the convenience stores, I ask our drug
stores, I ask our gas stations, other places
where kids can buy cigarettes to not pull
back.... I uige this community to keep
the cigarettes behind the counter, to keep
that ID check sign up” while lawmakers
push for federal legislation allowing FDA
regulation of tobacco.
‘We believe that Congress has clearly precluded the
FDA from asserting jurisdiction to regulate tobacco
products.’
Justice Sandra Day O’Connor
writing for the majority
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News Analysis
Gore dodges 'Hubert
Humphrey Syndrome'
Most ana
lysts say China
is bluffing when
it threatens wai
over Taiwan’s
recent election
of a pro-inde
pendence can
didate. A1 Gore
better pray
they’re right.
Unce again, iaiwan s elections have
fallen on the same year as U.S. elections.
Once again, China is sending ominous
signals to the citizens of Taiwan. Once
again, those citizens denied the mainland.
But this time, the stakes are much,
much higher.
China has now said any talks with the
island it considers a renegade province
must take place with only one goal in
mind: re-unification. While that is noth
ing new, scolding editorials in China’s
state-run newspapers are beginning to
hint at the possibility of nuclear war if
the United States gets involved in the
tension between the two distinct parts of
“One China.”
The problem for Gore comes from
the far edges of the hypothetical: What
if? What if China goes to war with Tai
wan?
What if the United States gets in
volved?
For the vice president, it’s a quandary
without a winning scenario; a lose-lose
setup if ever there was one.
If the Clinton administration goes to
war, it will seem like Vietnam 0. Amer
icans will be fighting for the indepen
dence of a small Asian political entity
(really, a nation) trying to fend off a Com
munist nation’s attack. Gore will have a
months-long nightmare of body bags com
ing home from Asia.
It can be called the Hubert Humphrey
Syndrome. Humphrey was Lyndon John
son’s vice president, who lost largely be
cause of his unequivocal support of the
Vietnam Whr and the way the Johnson
Administration was running it. Loyal,
yes; smart, no.
It didn’t matter that Richard Nixon
was far from a dove. The Johnson Ad
ministration was responsible for the war,
in Americans’ eyes, and it hurt Humphrey.
If the administration chooses not to
act. Gore’s situation gets worse. There
will be cries of cowardice, and Gore will
have to choose between distancing him
self from the administration (and look
ing like a hawkish traitor) or defending
the administration and being labeled as
“weak” and “soft” by the Bush camp.
Again, most analysts agree that
Chinese action is unlikely now (though
it could occur 3-5 years in the future,
meaning even larger troubles for who
ever gets elected this go-round). China’s
military, they stress, is not yet strong
enough to mount an invasion of Taiwan;
it’s certainly nothing to cqmpare to the
U.S. Army, though China has about 10
times the U.S. population.
That’s probably the reason for the
nuke gambit. China knows that’s its on
ly credible threat, and one that actually
scares people in America, because bombs
might actually be falling here at home.
But it also shows the perils of elec
tion-year politics for the incumbent
and is a lesson about foreign policy’s im
portance in U.S. elections.
By and large, Americans don’t care
about what’s going on overseas.
Until “your boys” start coming home
dead.
I
JL tJ
Brandon Larrabee
is a sophomore
journalism major
and writes about
Campaign 2000
each Wednesday.
He can be reached
at laughin98@hot
mail.com
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