Before the passage of the Family Smoking Prevention and Tobacco Control Act in 2009, Congress had not delegated authority to the Food and Drug Administration (FDA) to regulate tobacco products.

Answerthe following questions after reading FDA v. Brown and Williamson Tobacco Corp., 529 U.S. 120 (2000):

1. In what rulemaking process did the FDA appear to have engaged?
2. Why did the Supreme Court hold that the actions taken by the FDA to regulate tobacco were invalid?
3. Do you agree with the Court's ruling? Why or why not?