Federal Government Files Reply Brief in Red Earth Challenge to PACT Act

Here: USA Reply Brief in Red Earth

Opening Briefs in Red Earth v. US — PACT Act Appeal

Here:

USA Brief in Red Earth

American Cancer Society Amicus Brief

Convenience Store Amicus Brief

Lower court materials here and here.

Federal Court Lifts Remainder of Injunction against Enforcement of PACT Act

Here are the updated materials (h/t Indianz):

US Motion to Stay

Seneca Free Trade Assn Motion for Injunction

US Response to Seneca Free Trade Assn

Red Earth Response to US Motion for Stay

Red Earth Response to Seneca Free Trade Assn

Order – (8-12-10)

Earlier materials are here.

Federal Court Preliminary Injunction in PACT Act Tobacco Case

Here is an update in Red Earth LLC v. United States (W.D. N.Y.) (news article here, via Pechanga):

USA Opposition to Motion for PI

Order – PI (7-30-10)

The TRO materials are here.

Is the Indian Tobacco Market Dead?

Maybe. News articles from Indianz and the NYTs.

NYTs Article on Seneca Nation’s Efforts to Oppose Federal Anti-Indian Smoke Sales Bill

Here.

An excerpt:

There is a relatively short list of people who like mail-order cigarettes: teenagers, adults evading sales taxes and the Seneca Nation of Indians of western New York, which dominates the national market.

Even the big tobacco companies oppose the practice, in part to stamp out the Senecas’ competition. And with the industry’s strange-bedfellow backing, a bill to block the shipment of cigarettes passed the House of Representatives last spring by a vote of 397 to 11. A Senate committee approved it unanimously last fall.

But then the Senecas, who control a gambling and cigarette empire that brings in more than $1 billion a year, began a campaign of back-room lobbying and public political threats. That now appears to have shut down the legislation and kept the tribe in the cigarette business, a case study in the power of a well-financed special interest to thwart what had seemed to be a national consensus.

“Isn’t that the way things go in the American system?” asked Richard Nephew, co-chairman of the Seneca Nation’s foreign relations committee. “It is something new for us to actively get involved in the American political process,” he said. “But we are trying to learn what works in America, and I guess making political contributions is something that works.”

As recently as December, a ban on mail-order cigarettes called the PACT Act — for Prevent All Cigarette Trafficking — looked all but certain to become law. After the Senate Judiciary Committee approved the House measure, Senator Harry Reid of Nevada, the majority leader, prepared the bill for passage on the floor. No senator has publicly opposed the legislation.

But at the last minute, two or three Democratic senators told party leaders privately that they might block the bill, according to senior Senate Democratic aides. They spoke on the condition of anonymity because they were not authorized to speak publicly.