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Supreme Court Hears FDA Appeal on E-Cigarettes and “Court Shopping”

Judges seem skeptical of far-reaching implications of FDA argument.

The Supreme Court heard oral arguments for an appeal brought by the Food and Drug Administration (FDA) that claimed a group of e-cigarette companies filed a lawsuit against certain FDA product denials with courts that were more likely to side with their argument, a practice known informally as “court shopping.”

The FDA claimed that doing this games the court system in an attempt to fuel the sales of addictive nicotine products to American teens. While the Supreme Court justices acknowledged the FDA’s duty to block adverse e-cigarette products from the U.S. market, they questioned the attempt to curb court shopping as a whole, which would expand this particular case into a questionably broad legal scope.

“The government gets sued in a lot of places,” Justice Amy Coney Barrett said. “And this would matter beyond just the [Tobacco Control Act], correct?”

As the Lord Leads, Pray with Us…

  • For the justices of the Supreme Court to be discerning in their consideration of the FDA’s claims.
  • For federal judges to seek God’s guidance as they hear legal challenges to the policies of the president and members of his administration.

Sources: Washington Post, SCOTUSBlog, MSN

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