"Trendy Eateries May Keep a Secret Menu; the United States Code Does Not"
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Some excerpts from the long opinion in R.J. Reynolds Tobacco v. FDA, written by Judge Don Willett and joined in relevant part by Judges Leslie Southwick and James Ho: When Congress legislates in broad strokes, constitutional trouble sometimes follows. This case presents the opposite problem: Congress legislated with precision, and an agency treated that precision as optional. In the Family Smoking Prevention and Tobacco Control Act (TCA), Congress provided a detailed framework with nine prescrib
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