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GORDON v. HOLDER

No. 10-5227.

632 F.3d 722 (2011)

Robert GORDON, Appellant v. Eric H. HOLDER, Jr., in his Official Capacity as Attorney General of the United States, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 2011.

Attorney(s) appearing for the Case

Aaron M. Streett argued the cause for appellant. With him on the briefs were R. Stan Mortenson , Sara E. Kropf , and Richard P. Sobiecki .

Michael P. Abate , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Ronald C, Machen Jr. , U.S. Attorney, and Mark B. Stern and Alisa B. Klein , Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Lawrence G. Wasden , Attorney General, Office of the Attorney General for the State of Idaho, and Brett T. DeLange , Deputy Attorney General, were on the brief for amicus curiae State of Idaho.

John F. O'Connor and Scott A. Sinder were on the brief for amici curiae National Association of Convenience Stores and New York Association of Convenience Stores in support of appellees.

Allison M. Zieve and Adina H. Rosenbaum were on the brief for amici curiae American Cancer Society, et al. in support of appellees.

Linda Singer was on the brief for amicus curiae City of New York in support of appellees.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

I

On March 31, 2010, the President signed into law the Prevent All Cigarette Trafficking Act ("PACT Act"), Pub.L. No. 111-154, 124 Stat. 1087 (2010). The Act, which significantly amended its predecessor, the Jenkins Act, was aimed primarily at combating three evils: tobacco sales to minors, cigarette trafficking, and circumvention of state taxation requirements. Pub.L. No. 111-154, § 1(b), reprinted in 15 U.S.C. § 375...

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