Brown & Williamson Tobacco Corp. v. Pataki

JOSÉ A. CABRANES, Circuit Judge,

concurring in the judgment on separate grounds:

Insofar as the Court holds that the Statute does not violate the dormant Commerce Clause I concur, but I respectfully dissent from the majority’s interpretation of the Statute to permit home deliveries by local traditional retailers.

The majority opinion rests on an inventive distinction by the District Court between so-called “direct” cigarette sellers and so-called “traditional” or “bricks-and-mortar” cigarette sellers, holding that the Statute prohibits direct sellers from making home deliveries of cigarettes but…