Indiana Call to Action - Stop the Monopoly

[Verb]

Yeah... My question was kinda a Thinly Veiled comment on what is Wrong with the Politicalized Judicial System in our country.

What I want to know, does the judge who dismissed this case before the appeal get looked at closer. The summary judgement means the plaintiff is so off base there is no reason to listen to arguments. How political can a judge's action be, before there is an inquiry?

 

[zoiDman]

What I want to know, does the judge who dismissed this case before the appeal get looked at closer. The summary judgement means the plaintiff is so off base there is no reason to listen to arguments. How political can a judge's action be, before there is an inquiry?

I am not very Versed on how Federal Judges are reviewed? I do recall reading that when a Lower Courts ruling(s) are Reversed by the Appellate Court, that some Review can be triggered. The Actually Mechanics, Frequency of Review, or Out Come, I don't know?

I do know one thing. Sometimes cases are Lost because the Wrong Argument approach is taken. Or it is just Poorly Argued.

I am in No Way saying that this is what Occurred in this Case.

Just mentioning this because sometimes a Judge might like to Rule against/for something. But their Hands can be Tied because what was brought to them was Inadequate to do so.

 

[charly1954]

would not post when click post, then it double postged

 

[charly1954]

Here's another article about the same thing, it says a little more:
U.S. appeals court voids part of Indiana vaping law
The 7th U.S. Circuit Court of Appeals said Indiana went too far by subjecting out-of-state manufacturers to detailed rules for such things as sinks, cleaning equipment and even contracts with outside security firms, and could not enforce those rules against them.

Writing for a three-judge panel, Circuit Judge David Hamilton said the state's Vapor Pens and e-liquid Act has an "extraterritorial reach that is unprecedented," violating the "dormant" Commerce Clause of the U.S. Constitution.

But he said some of its rules were "remarkably specific," and that "only one company in the entire United States, located not so coincidentally in Indiana," met them

These circumstances raise obvious concerns about protectionist purposes and what looks very much like a legislative grant of monopoly," he wrote

 

[charly1954]

If some legislators heads don't roll then somethings wrong. They have to courts and the FBI after them.

 

[Max-83]

Ya know, reading this today, with all the talk about corruption in government that's flying around on cable network news, you have to ask yourself why not a word of this has passed thru the lips of any talking head/ pundit
Just a thought . ( I know the answer, pretty much rehtorical)

 

[pennysmalls]

Just saw this on Hoosier Vapers facebook

7th Circuit Appeal ruling update:

1) The ruling does not remove the requirement to have an Indiana manufacturer's permit.

2) The ruling also leaves some of the requirements for permited products (allowed ingredients and certain label matters).

...
3) The ATC has issued the below statement that they cannot issue permits until the ruling is finalized by the lower court.

4) It will likely take around 20 days for the court to finalize the ruling.

5) Only manufacturers outside of Indiana are covered by the ruling and able to get a permit.

6) No matter what, even if it takes a little longer, this monopoly will end by July 1st.

7) Sen. Head's bill, SB 1, will reopen the market up for any business, in-state and out-of-state, to return to Indiana.

 

[zoiDman]

Just saw this on Hoosier Vapers facebook

Thank you pennysmalls for this Update for all Non-FaceBook users.

 

[AngiBe]

Well, I got emails from vendors that they can sell to Indiana again!!!!!!!!! HAPPYDAYZ!

 

[Hoosier]

The ruling sent the case back to the lower court that dismissed it for a decision guided by the circuit court's ruling.

Basically, in the near future out of state producers will be able to ship to Indiana without violating Indiana law. So shops will be able to carry non-compliant juice as long as it comes from someplace outside of the state and folks can get it in the mail without violating the law.

Until SB1 gets through the senate and house twice, without being gutted by the lobbyists working against us, and signed by the governor then waiting for the enactment date to roll around, Indiana juice producers, without a current permit, are still screwed. Many have lost their facilities, some have moved out of state, and some are holding out eating up savings trying to survive until the law gets changed. It's grim here.

We are not celebrating yet. The recent circuit court ruling was a good sign and sends a strong message, but we still have a long road ahead.

 

[englishmick]

I heard they had the first reading of another Bill today, someone said it sailed through. I only heard bits of a short TV segment, but it sounded like a large increase in the cigarette tax, raising the smoking age to 21, and I think adding vaping to the cigarette regime.

 

[Hoosier]

TV is a great way to get the news from one lobbyist. Horrible way to get news of what is happening at the statehouse.

There is a huge push to increase cigarette tax another $1.50, eliminate all the places that there are left to smoke in public, and increase the smoking age to 21. Vaping has been left out of this push this year except for the age thing. They are planning on going for a vaping tax next year or the year after.

 

[skoony]

So I was just mulling over this decision and a thought came to mind.
Could this be a backhanded slap against the Trump administration
as Pence is from Indiana?, or is someone finally using some common sense?

It boggles my mind.
Tinfoil hat regards
Mike

 

[Hoosier]

A real slap would have been more like a complete reversal of the law.

I believe it was actually a judge who judged on the testimony before him. The suit was brought by an out of state producer so that's what was rules upon. The state's defense was basically: We can do this because we're the state.

 

[medleypat]

Hoosier what about a company that is in Indiana but also has a manufacturing company in another state can they ship to Indiana.

 

[Hoosier]

As long as the out of state company has another DBA, and the lower court does as ordered, they should be fine.

 

[sofarsogood]

They'll raise the age to buy cigarettes to 21 but it won't raise the age for possession and won't seriously enforce because they want people to smoke because the tax money is so important. it's been this way forever. they will enforce ecig restrictions because ecigs hurt the tobacco tax. What ever laws they make will be enforced arbitrarily against people they don't like. Bad laws, bad law making. Corruption is so imbeded most people don't know it when they see it including most law makers.

 

[zoiDman]

Just wondering if anyone has any Additional Information about HB 1476?

House Bill 1476 - E-liquids taxes

 

[medleypat]

I have no problem with that tax if we let that tax it a a small rate hopefully will leave other things alone.

 

[Robino1]

Any tax over and above a normal state tax is unacceptable in my book.

Once they get the label of 'sin' placed, it will never come off. The sin tax WILL rise and rise.