Supreme Court rejects tobacco challenge to Florida law

WASHINGTON (CNN) -- The U.S. Supreme Court dealt a setback Monday to the tobacco industry, rejecting a challenge to a Florida law that allows the state to sue cigarette makers for the cost of smoking-related illnesses.

The Philip Morris Cos., the world's largest cigarette maker, and Associated Industries of Florida Inc. filed the Supreme Court appeal, urging that the Florida law be declared unconstitutional. Their attorneys argued that the law strips them of their constitutional protection of due process, stripping tobacco companies of their traditional defenses against product liability.

The Supreme Court let the Florida Supreme Court ruling stand without comment or dissent, clearing the way for the Florida case to move forward. Florida filed suit in February 1995 against several major cigarette makers for Medicaid costs incurred by Florida from tobacco-related illnesses; the state seeks nearly $1 billion in damages.

In other court action Monday, the court:

• Voted 6-3 to let stand a California state court order that keeps all abortion protests across a four-lane road from a Vallejo clinic where abortions are performed.

• Refused to hear the city of San Francisco's appeal of a lower court ruling that a cross in a city park violates the California state constitution.

• Agreed to consider whether a public TV network in Arkansas violated the free-speech rights of an independent candidate when it excluded him from a debate. Major party candidates were invited to the 1992 debate, held by the Arkansas Educational Television Network.

• Let stand, without comment, rulings allowing a lawsuit against a New York prosecutor who refused to drop sex abuse charges until a suspect swore her innocence on a Bible in her church.

• Let stand a New Jersey Supreme Court ruling that a judge had violated judicial ethics rules when he discussed the O.J. Simpson trial on television.

• Refused, without comment, a former Kentucky judge's attempt to revive a libel lawsuit against a newspaper that criticized her work and endorsed her election opponent in an editorial.

• Let stand, without comment, a California law that bars the sale of non-obscene, erotic publications from coin- operated vending machines in public places, unless they are supervised by an adult or are located in an area where children are not allowed.

• Refused to revive a lawsuit by television evangelist Robert Tilton's church accusing ABC news and the Trinity Foundation of conspiring to drive it out of business.

• Agreed to review an appeals court ruling reinstating a personal injury lawsuit against General Electric, Westinghouse Electric and Monsanto. A Georgia man filed the suit, claiming his exposure to PCBs while working around electrical transformers caused his lung cancer.

• Agreed to decide whether Louisiana's open-primary system for electing members of Congress complies with federal law even though the victors are often chosen before national election day in November.

The Associated Press contributed to this report.  

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Related stories:

• Florida allows racketeering charge for tobacco companies - December 13, 1996
• Florida pursues tobacco firms with anti-racketeering law - December 6, 1996
• Florida files criminal charges against tobacco industry - November 5, 1996

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• U.S. Supreme Court - Law Journal Extra
• Justices of the Supreme Court - Cornell Law School

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