"So much for the rule of law.

State and federal judges have once more blocked New York from taxing cigarettes sold by Indian tribes, extending the endless hiatus that has cost the state billions.

Last Tuesday, a circuit court judge issued a temporary restraining order protecting cigarette sales by the Seneca and Cayuga nations. The next day, a state appeals court issued a stay that prevents the state from taxing any Indian sales for at least two weeks.

The long and the short of it: The tribes still have the upper hand, smoke-tax-wise.

Action from the courts is expected soon, but in the meantime the Senecas — the biggest cigarette retailers by far — are gearing up for battle.

We hope it’s enough, and that the matter will soon be settled peaceably.

But if the Senecas do resort to violence, then Paterson needs to respond quickly and with appropriate sanctions.

If that means sending state troopers to the reservations — and simply barring public access to tribal casinos that ignore their tax-collection responsibilities — then so be it."

Get the Story:
Editorial: Seneca threats (The New York Post 9/5)

Relevant Documents:
ATF Letter on Tribal Consultation (May 19, 2010)

Prevent All Cigarette Trafficking Act:
H.R.1676 | S.1147

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