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Supreme Court Declines To Hear Case Challenging Tobacco Settlement

Publication Date: 
March 07, 2011
States News Service

Professor Michael McConnell is cited for his role in assisting the lead counsel for the plaintiff in the Competitive Enterprise Institute's constitutional challenge of the 1998 tobacco settlement. The States News Service ran the following story:

The following information was released by the Competitive Enterprise Institute:

The U.S. Supreme Court today declined to hear CEI's constitutional challenge to the 1998 tobacco settlement, a $200 billion backroom deal between major tobacco companies and 46 state attorneys general. The case, in litigation for more than five years, alleged that the tobacco "Master Settlement Agreement" violated the constitutional provision against multi-state agreements that have not been approved by Congress.


The plaintiffs in the case include a discount tobacco company, a tobacco shop, and an individual smoker. Erik Jaffe served as lead counsel in the case, assisted by former federal appellate judge and Stanford constitutional law professor Michael McConnell, and CEI attorneys Hans Bader and Sam Kazman.