PACT Act put on temp. hold!

[snusgetter]

"Mail-order cigarette shops close
New federal law hits Seneca businesses except for one that filed suit"

http://www.buffalonews.com/2010/06/3...ops-close.html

Only good for the shop that filed suit but if it wins it could effect them all.

[spirit72]

http://www.lininteractive.com/ny_buf...6-28-10%29.pdf

Maybe it is completely on hold until the 7th.

I don't know enough about this to speculate.

Does anyone know if this restraining order applies to anyone other then Red Earth LLC? Or outside the Western District of New York?

I'm not a lawyer--we probly need Snusdog's take on this.

But my understanding is that this is a Federal law, that a Federal judge has placed an a restraining order upon due to the plaintiff's complaint that the law is unconstitutional as written.

A restraining order is placed upon a defendant, and in this case the defendant is the United States Government, and Eric H. Holder as the Attorney General of the United States.

So my take is that PACT can now not be enforced until the legal process is complete.

Judicial Review in action, fellas!



Edit: On second look, the order does mention the Plaintiff specifically..

"ORDERED that pending the earlier of a determination upon plaintiffs’ motion for
a preliminary injunction, or the expiration of 14 days from the date of this Order (unless
otherwise extended an additional 14 days under Fed. R. Civ. P. 65), defendants are
hereby restrained from enforcing the Prevent All Cigarette Trafficking Act of 2009, Pub.
L. No. 111-154 as against plaintiffs Red Earth LLC d/b/aI Seneca Smokeshop and
Aaron J. Pierce;"

So it looks as though the retraining order is specifically granted to the Plainitff. At the same time, however, I think it's safe to say that the U.S. Government will not even attempt to enforce PACT while the review is in process. And, I doubt very seriously that it will stop in U.S. District Court.

[snuff_hunter]

Federal Judge to Obama: "PACT Act violates various provisions of the Constitution, including the commerce clause, the 10th amendment, the due-process clause and the equal protection clause."

http://www.climatechangefraud.com/po...ection-clauseq

http://www.climatechangefraud.com/po...ection-clauseq

[snuff_hunter]

found this petition Opposition to the PACT Act (Snus/Smokeless Users)

http://www.petitionspot.com/petitions/pactact

[myuserid]

So I wonder what this means for PACT in the mean time?

Still no USPS, or are we just left in limbo for the time being?

[sgreger1]

I'm so glad that we live in a country where we don't have any problems with wars, natural disasters, national debt, health care, education, etc. so that congress is free to deal with these real, pressing issues to the American public like mail order tobacco purchases.

[sgreger1]

found this petition Opposition to the PACT Act (Snus/Smokeless Users)

http://www.petitionspot.com/petitions/pactact

I love how Chad was the first one to sign this petition:



"I support this petition, and oppose all efforts by the US Government to prevent Americans from having easy access to harm reduced forms of Smokeless Tobacco. "

[Experimental Monkey]

I could care less about having to pay taxes on my snus... it's the goddamn fact that I can't get my snus delivered to my mailbox by the postal service that soils my bed. This is bullshit. How am I going to guarantee I can be at home when the UPS delivers to sign some stupid paper when I work 75% of the time? And even then, I bet they won't even enforce that. They'll probably leave it on my damn doorstep to be stolen. Because UPS sucks. This is such a crock of shit.

[myuserid]

I could care less about having to pay taxes on my snus... it's the goddamn fact that I can't get my snus delivered to my mailbox by the postal service that soils my bed. This is bullshit. How am I going to guarantee I can be at home when the UPS delivers to sign some stupid paper when I work 75% of the time? And even then, I bet they won't even enforce that. They'll probably leave it on my damn doorstep to be stolen. Because UPS sucks. This is such a crock of shit.

Co-signed.

[Bigblue1]

Online Petition

sign it suckers

[myuserid]

Online Petition

sign it suckers

Done.

[ladysnus]

Done!

[bipolarbear1968]

Signed!

[MGX]

This is fantastic news! I don't mind paying taxes, but being harassed and having packages torn apart and sifted through and then having to pay 'brokerage' fees for some imbecile to fill out a form is infuriating.

I'm surprised really, we as a country have twisted and mangled the 10th amendment to apply to so many things it never was intended to apply to that this occurs in the face of it; its quite refreshing.

[EricHill78]

Signed