D.C Circuit Reverses Dismissal of Seneca Indian’s Challenge to PACT Act

Here is the opinion in Gordon v. Holder.

An excerpt:

Plaintiff-Appellant Robert Gordon is a Seneca Indian and a delivery seller of tobacco products.  As a delivery seller, Gordon distributes his products by mail, rather than through abrick-and-mortar retail store. See 15 U.S.C. § 375(5)–(6). Prior to the PACT Act, ninety-five percent of Gordon’s business came from the sale of tobacco by internet and phone. But since the Act’s passage, Gordon claims he has lost almost all of his business due to the remedial measures Congress enacted.