Gordon v. Holder

D.C. Circuit Affirms Injunction against Enforcement of PACT Act

Matthew L.M. Fletcher2 Comments

Here are the materials in Gordon v. Holder (opinion link & PDF):

Gordon Brief

DOJ Brief

Anti-Smoking Amici in Support of DOJ

Convenience Stores Amici in Support of DOJ

NYC Amicus in Support of DOJ

State Amici in Support of DOJ

DOJ Reply

Gordon Reply

Lower court materials here.

Brief in Gordon v. Holder (PACT Act Injunction Case)

Kate Fort

The Government’s brief arguing against Judge Lamberth’s injunction is here.

Previous coverage is here.

Judge Lamberth Enjoins PACT Act in Gordon v. Holder

Matthew L.M. Fletcher4 Comments

Here is the BLT coverage. And the materials:

Gordon Motion for PI

USA Response

City of New York Amicus Brief

Convenience Stores Amicus Brief

Public Citizen Litigation Group Amicus

Gordon Reply [includes significant attachments]

USA Reply

DCT Order Enjoining PACT Act

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

Matthew L.M. Fletcher

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.