Health and Human Services Secretary Kathy Sebelius had as her heart’s desire to require — by Law — images on cigarette packs including a man smoking through a hole in his throat and a body with chest staples on an autopsy table.
Collect ‘em all!
Judge Janice Rogers Brown — who really oughta be on the Supreme Court in place of those two dimwits who were recently appointed — disagreed.
“They are unabashed attempts to evoke emotion (and perhaps embarrassment) and browbeat consumers into quitting,” Judge Janice Rogers Brown
…Brown wrote that the government “can certainly require that consumers be fully informed about the dangers of hazardous products.”
“But this case raises novel questions about the scope of the government’s authority to force the manufacturer of a product to go beyond making purely factual and accurate commercial disclosures and undermine its own economic interest,” she wrote.
Brown said the court faced the question of how much leeway to grant the government “to convey the state’s subjective — and perhaps even ideological — view that consumers should reject this otherwise legal, but disfavored, product.”
Brown said that other countries “do not necessarily protect individual liberties as stringently as does the United States Constitution.”
srsly. Are they too wimpy to just make things they don’t like illegal?