New on YouTube: the Ballad of FDA v. Brown & Williamson, my account of the famous case (FDA v. Brown & Williamson, 529 U.S. 120 (2000)) where the Supreme Court held that the Federal Food, Drug, and Cosmetic Act does not grant the FDA jurisdiction over nicotine and cigarettes. My song goes on to explain how, once Congress and the Presidency were controlled by Democrats in 2009, Congress overturned the Supreme Court’s ruling and granted the FDA that jurisdiction.
The tune is from the song “A Boat Like Gideon Brown” by Newfoundland songwriter Frank Dwyer, which you can (and should) hear in this rendition by the Newfoundland folk rock band Great Big Sea. The arrangement and accompaniment in my video is by my former student, musician extraordinaire Josh Pender. Here are the lyrics, which are also in the notes to the video:
In ’96, the FDA Decided nicotine
Was within its jurisdiction
‘Cause it’s what a drug might mean,
Now this view was one the FDA
Had never urged before,
And rather than accept the rule
Tobacco makers swore
That they would prove in federal court
This theory was unsound —
That’s how the FDA was sued
By Wiliamson & Brown,
By Wiliamson & Brown.
They said, “Nicotine’s not covered:
We can all take that for granted,
‘Cause if FDA could have control
Then they would have to ban it —
But that’s clearly not what Congress meant,
So the rule should run aground”;
That’s what the plaintiffs argued
In Williamson & Brown.
The Food, Drug, and Cosmetic Act,
The statute they expound,
Is on display in FDA
v. Williamson & Brown,
v. Williamson & Brown.
Now Sandra Day O’Connor said,
“The agency is bonkers;
The opposite’s confirmed enough
By later Acts of Congress.
And we don’t need Chevron deference,
For a clear intent is found”;
That’s what they say in FDA
v. Williamson & Brown.
Steve Breyer disagreed with her
But his view was voted down —
Didn’t get his way in FDA
v. Williamson & Brown,
v. Williamson & Brown.
Then Democrats took Congress and
Some folks thought that was neato,
But they did not move to overturn
‘Cause they knew that Bush would veto.
Until 2009 arrived,
Occasion was not found
To pass a statute superseding
Williamson & Brown.
The first months of Obama were
When Congress got around
To overturning FDA
v. Williamson & Brown.
And in Leg/Reg and in Admin Law
The students hunker down
To read the Court’s opinions
In Williamson & Brown,
In Williamson & Brown,
In Williamson & Brown.
Finally, see also You Don’t Need a Canon (to Interpret My Heart)—my own composition—about statutory interpretation, the interpretive canons, and the Chevron doctrine. (Also arranged and accompanied by Josh Pender; lyrics in the notes to the video.)
The music video version is here (video by Zach Needell & Matthew Kyle Brown).
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