morrison, which involved the legislation to protect women against violence, where the court was denigrating, really disrespectful to congress, where the court said that the congressional findings were rejected because of our -- quote -- "method of reasoning." -- close quote, as if there is some unique quality which comes to the nominee when the time of confirmation to walk across the green between the heergt room -e hearing room and the supreme court chambers. noted in the dissent by -- noted in the

morrison, which involved the legislation to protect women against violence, where the court was denigrating, really disrespectful to congress, where the court said that the congressional findings were rejected because of our -- quote -- "method of reasoning." -- close quote, as if there is some unique quality which comes to the nominee when the time of confirmation to walk across the green between the heergt room -e hearing room and the supreme court chambers. noted in the dissent by -- noted in the dissent that the court's judgment was -- quote -- "dependent upon a uniquely judicial competence," as if the competence of the congress was to a lesser extent." that was a dissent by justice souter. and justice souter commented in disagreeing with chief justice rehnquist, who said there was an insufficient record, justice souter noted the -- quote -- "mountain of data assembled by congress, including a record on gender bias from task force in 21 states, eight separate reports by the congress." there was a similar finding by the supreme court of the united states in the case of alabama v. garrett

help morrison knows by restricting advertising it restricts the measures the advertising promotions by which its market dominance could be challenged so again, it is what used to be called regulatory capturing and industry delighted to be regulated because it freezes the and bandages. second, the bill goes out of its way to say the fact the fda will be regulating tobacco does not immunize the tobacco companies against liability for damage done by the product. that is simply protecting another strong battalion in washington. >> host: you also in the irony is abound about the state children's health insurance program being supported by tobacco taxes. >> guest: all over the country state governments are increasingly addicted i would use the word intentionally to tobacco taxes therefore they have a difficult problem they have to price the pack of tobacco most of which nowadays the vast majority in most states is taxes. they have to price it so as to not discourage too much smoking because if they discourage too much smoking there goes there revenue source. you cannot let the tobacco c

morrison decided in 2000, the rehnquist court struck down a key provision of the violence against women act. rather than considering the fact finding of a democratically elected congress the court went out of its way to oppose its own judgment. the senate held after hearings and made findings and voted 95-4 in favor of that bill, an activist court chose to ignore that and formed its own view of the proper role of the national government for that shared by both congress and the states. the same year the court decided in kimmel vs. florida board of regents the five-justice majority concluded states could not be sued by private citizens for age discrimination without their consent because of a general principle of sovereign immunity. this is another decision that was simultaneously conservative in terms of the policy outcome and activist in terms of the judging. it was conservative because it expanded states right and contracted antidiscrimination rights. it was activist both because it struck down the considered judgment of congress and because based not at all on the text of the constitu