The huge stakes in a Supreme Court case about vaping

The Supreme Court will hear White Lion v. FDA v. White Lion on Monday , the first Monday in December .

The case involves the FDA ’s attempt to regulate flavored nicotine vapes and to prevent children from becoming addicted to nicotine because they are enticed by vapes with fruit or candy flavors.

The Fifth Circuit is the most right-wing appeals court in the federal system.

The White Lion case involves the FDA ’s decision not to allow two companies to sell vapes with flavors that seem designed to appeal to children and teens.

Andy Oldham and his court claim to have found five separate legal flaws in the decision to reject flavored vapes that every other judge this issue came before missed.

The FDA issued its initial rule announcing that it would regulate vapes, and when the agency actually started to grant or deny applications to sell certain vaping products, the FDA also released several nonbinding guidance’ documents.

David Gergen : The poorly reasoned White Lion opinion is typical of Oldham ’s work.

Gergen says Oldham has made up some of his conclusions and cites no legal authority to support key claims.