Michigan first state to ban flavored ecigs

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CMD-Ky

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But I am getting Sick and Tired of the Courts having to have to Legislate from the Bench, and Reply of Judicial Deference, because of the Lack of Statutory guidance.

I am not certain that Courts are in the position of "having to legislate from the bench". If a law is vague then it is void for vagueness; it is unconstitutional. It is unnecessary (and perhaps an exercise of judicial over reach) to make up for the statutory vagueness. The correction is the function and obligation of the Legislature not the judiciary.
 

CMD-Ky

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Well, last things first:

vaping flavor crisis (bypassing the political debate process).
Trump's wall need. (He appropriated military funding for the "emergency", not getting it from Congress).

Neither of these are emergencies in the sense they were meant for (like plagues or nuclear wars).

So I suppose those are two examples of State/National "emergencies"...things that due to immediacy of need cannot go through the normal political process. Similar to martial law type of things.

Can you define what a real emergency is or is it to be determined on an ad hoc basis?
 
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bombastinator

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Can you define what a real emergency is or is it to be determined on an ad hoc basis?
This gets into legal definitions and causalities. The definition of “national emergency” has very specific definitions in government with very specific ramifications. I think the problem is no one here is very familiar with them.

Besides it’s not really about e-cigarettes.
 
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zoiDman

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Totally. I think it's a symptom of gridlock. And that gridlock is, at least in part, our collective fault. We get "radical" as if that solves anything. It's just polarization. Mass mis-education, and of course political opinion.

Anti-Vape-flavoring, the new wall. Who knew? More symbols of angst to manipulate the masses! :lol:
More cow bell! More cow bell!

(Boy am I going to get hell for this political post. Moving right along...)

JMO...

But I see it as something that has Benefited BOTH Parties over the years. So BOTH Parties except it.

A Not in Power party can get all Up in Arms over something a Sitting President or Governor does. And they May be justified. But they want to do the Same Thing when they come into Power. So they Grin and Bare it.

Right Now, with the e-Cigarette Hype Needle Pegged in the Red, I Don't think there will be many to Stand Up and be too Vocal about a state governor Wipping Out the Flavored e-Cigarette/e-Liquid market.

Funny thing. I guess the Michigan Health Department and our friend Gretchen feel that Teens aren't going to use Tobacco Flavors to catch a Buzz.

So Problem Solved.
 

zoiDman

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I am not certain that Courts are in the position of "having to legislate from the bench". If a law is vague then it is void for vagueness; it is unconstitutional. It is unnecessary (and perhaps an exercise of judicial over reach) to make up for the statutory vagueness. The correction is the function and obligation of the Legislature not the judiciary.

Is this a "How the US Court system Should Work" type statement?
 

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gsmit1

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Right Now, with the e-Cigarette Hype Needle Pegged in the Red, I Don't think there will be many to Stand Up and be too Vocal about a state governor Wiping Out the Flavored e-Cigarette/e-Liquid market.
I think this is right. Why would they?

As soon as somebody responds with something like:
Well it would be the right thing to do and would actually advance the well being of many citizens..

I say you're living in a fantasy world. NObody in a position to directly effect public policy does ANYthing because it's the right thing to do. They didn't get into that position by doing anything because it's the right thing to do, and they won't stay there that way either.

They got into that position by lying to and manipulating an easily propagandized populous that believes anything they see on TV. They were able to finance those campaigns with piles of money from big special interest groups who demand a return on their investments if they are to keep those piles of money financing those campaigns.

Bleeding heart mommy governors like the one we have in Lansing may actually think they're doing some good, but again, this is at no political cost to her either so why wouldn't she do something like this?
 

sofarsogood

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I suspect the governor's pretext for the ban is the news about black market T_C product making people sick. The primary cause of the sickness is the black market source. If all flavors are banned a black market can only increase and we can be certain kids will be over represented in that market and the sellers will surely offer other products besides flavored nicotine. May be this is going to unfold like the sorcerer's apprentice.
 

440BB

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Kids have been experimenting with ecigs since they came out. They're as easy to get, maybe even easier, than beer. When my son was a college freshman five years ago his dorm was full of nicotine vapers, and that fad ended within a year. Nobody had lung issues with retail ecigs and liquid.

The black market sellers are putting stuff other than nicotine in those cartridges, which lead to these recent lung damage cases. Improperly home brewed T.H.C and riskier stuff is the real problem, not flavors or even nicotine.
 

zoiDman

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...

Bleeding heart mommy governors like the one we have in Lansing may actually think they're doing some good, ...

I Guess this is Possible? Statistically that is.

But I believe that the Vast Majority of Elected Officials don't give a Rat's Azz if you Live or if Die.

As long as they can Get More Votes for themselves. And Secondary, more Votes for the Party they are a Member of.
 

CMD-Ky

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Is this a "How the US Court system Should Work" type statement?

No, it is not. It is observing that judges don't "have" to legislate from the bench; judges choose to chose to legislate from the bench. They will continue to do so until restrained by congress or until congress does its job competently. I am not holding my breathe on either.
 
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440BB

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    zoiDman

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    So they've been putting Vitamin E in those cartridges, even ones sold in state approved places. Over half of the ones tested that the sick people were using. No ecigs were found to have contaminants.

    They really have been vaping an oil. Stupid.

    It may be that the Vitamin E was Not Intentionally added to those Tango Hotel Charlie Carts.

    But it was present in whatever the seller used to Dilute the Tango Hotel Charlie "oil" down to a usable level. Or to "Step on the Oil' to make more Money from the same amount of Hotel Tango Charlie.
     

    440BB

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    It may be that the Vitamin E was Not Intentionally added to those Tango Hotel Charlie Carts.

    But it was present in whatever the seller used to Dilute the Tango Hotel Charlie "oil" down to a usable level. Or to "Step on the Oil' to make more Money from the same amount of Hotel Tango Charlie.
    For some reason many of those manufacturers attack PG on their websites, a cheap benign thinner. Go figure.
     
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