Sadly, I am not an attorney, but I am a very well-read student of the law. I have represented myself in several civil actions and won them all (scumbag landlord tried to ding my for enough money in damages to a broken down apartment to build a new one), and have prepared legal briefs and documents for others to file in court, with advice on how to win their cases. They have had a well above average rate of receiving favorable results. I have also studied government and constitutionality of the federal court rulings, and feel I have a realistic grasp of what is possible in the SC.
I do feel that there is a constitutional basis for our argument, but not in the way many are thinking. No law will ever limit our ability to vape, as it is performing a legal action (consuming nicotine) in the manner we choose. This is our right as Americans. However, there is no constitutional protection for the right of people to manufacture and sell the products they want, because those products may be contraindicated by other laws. So whereas they will never be able to prevent me from vaping, they can pass laws that prevent me from buying the components for the juice and also prevent others from mixing it and selling it to me.
One thing that we can do is get together in mass co-ops and purchase either 100mg unflavored in enormous quantities and freezer it for the long haul, or perform a large buy of 0.990 nic and have it converted into usable product for storage (I am not advocating anyone do this on their own, the amount of training in chemical safety needed to handle this chemical at 99% purity is huge, and just a pair of gloves isn't going to cut it). I have 2 litters of .990 nic stocked for personal mixing, and it will supply me with juice till far after I have died in 60 years or so. Once we have that nic in our hands the FDA loses all power over us. We can come here and exchange flavor recipes and CAD designs to take to our local machine shop to have a new mod made for us.
On the legal front, we have no choice but to stop the attitudes of fatalism that I see a lot of. If you are already waving the white flag this early in the game, roll into your shallow grave and make way for the people who still have a pulse. We lose this game when we say we are done fighting, and not a moment before that. No one tells us when we are done fighting for our rights but us, and it's about time some people remembered that. We have a huge amount of opportunities to make this go our way, from every little city council meeting to the NYC ban. In case some haven't noticed, there are people giving everything to help us win this (I recall the transgender person who testified at the end of the NYC council hearing...what kind of courage does it have to take to get up in front of a city and have your lifestyle revealed?). The only reason I am not at every single one of these national meetings to speak personally is that my job will not allow for me to do so; if I had the means, I would be at every single .......ed hearing in the nation. We have to come together and use this place as a thinktank to keep one step ahead of the same old ANTZ crap that we will hear, not gripe about how ....ed we are.
We have already proven that we have an advantage over our enemies; we are willing to adapt and change, while they are trying to make everything stay the same, and are themselves staying the same. Let's ....ing use it. Tooth and claw, I will be dragged down swinging and screaming, to spit in the devils eye as he tries to take me.