Turtle Talk

Here is the opinion in State of Idaho ex rel. Wasden v. Maybee.

An excerpt:

Scott B. Maybee challenges the district court’s grant of summary judgment in favor of the State of Idaho. Maybee argues that Idaho’s Tobacco Master Settlement Agreement Complementary Act (Complementary Act) is inapplicable to his conduct, as the Complementary Act was not intended to regulate unstamped cigarettes sold in interstate commerce. Maybee also contends that the Complementary Act is preempted as it applies to him, under both the Interstate Commerce Clause and the Indian Commerce Clause of the U.S. Constitution, as Maybee is a Native American, living and conducting business upon a reservation located in the state of New York. Maybee argues that the tobacco permit requirement of Idaho’s Prevention of Minors’ Access to Tobacco Act (MAA) is likewise preempted by the Indian Commerce Clause.