Lorillard Tobacco Co. v. Reilly

Justice Stevens,

with whom Justice Ginsburg and Justice Breyer join, and with whom Justice Souter joins as to Part I, concurring in part, concurring in the judgment in part, and dissenting in part.

This suit presents two separate sets of issues. The first— involving pre-emption — is straightforward. The second— *591involving the First Amendment — is more complex. Because I strongly disagree with the Court’s conclusion that the Federal Cigarette Labeling and Advertising Act of 1965 (FCLAA or Act), 15 U. S. C. § 1331 et seq., as amended, precludes States and localities from regulating the location of…