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Originally posted by Mmmm, Burger (C.J.)
But there is a social/moral judgment that sport should be clean, and Congress has seen fit to make those judgments for quite some time now.
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I have a hard time believing that you think this. Certainly there is a "social/moral" judgment that people should not use drugs. But why does the government have any business regulating which sorts of drugs (e.g., coffee) are OK and which are not? Can you articulate the principle involved, other than "a bunch of Congressman want to do this, and, hey, Congress has done stupid stuff before"?
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I don't think additiction represents a market failure, so long as the possibility of addiction is known beforehand, which it has been for some time (probably 90%+ of smokers still alive).
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I think the regulation of the smoking industry is an interesting issue, with some hard questions. As a historical matter, isn't much of the federal regulation prompted, FWIW, by the misrepresentations historically made by the cigarette companies about health risks? As an economic matter, what about the fact that most smokers start as minors?