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High Court Wary of Classifying Tobacco as Drug 

Only Justices Stephen G. Breyer and John Paul Stevens strongly defended the Clinton administration's stand. . . What's new about this, Scalia asked, since the health dangers of cigarettes have been documented for decades.

Certainly in 1964, when the surgeon general first warned Americans of the hazards of smoking, ordinary Americans--as well as the FDA--knew of the dangers, Rehnquist said. . . The sharp tone of the questioning came as a surprise. During the 1980s, when the Ronald Reagan administration's policies were being attacked in the courts by liberal interest groups, the Supreme Court ruled that judges should defer to the decisions of executive agencies.

Waxman relied on that doctrine Wednesday, but without much success.

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