Neil M. Gorsuch Appointed to US Supreme Court – Where He Stands on Vaporizers as Tobacco Products

After more than a year of heated debate on the subject of United States Supreme Court nominees, Neil M. Gorsuch has finally been confirmed as the court’s replacement for the late Justice Antonin Scalia.

The vapor industry is waiting with baited breath to see what happens next. On the one hand, Gorsuch has highly conservative values which may not lend themselves well to new technologies and sciences. On the other hand, he has made it clear that he's not a fan of federal government regulations like the stringent regulations on the vapor industry implemented by the FDA. If anything, Gorsuch represents an opportunity to help the vapor industry fight the FDA, more than a proponent of vaping himself.

Thus far, it is difficult to say how Gorsuch views vapor products in the big picture. We do know that he has represented big tobacco companies in the past, on trials relating to anti-trust laws, and he has made statements indicating that our economy depends on the ability of small business owners to realize the full potential of their investments.

For this reason, there is hope that he will vote in favor of vape shop owners and manufacturers of vapor products who could be shut out of the business by the FDA’s regulations, even if he doesn't entirely understand the health impacts or the new technology.

So far, it appears that he has not faced any legal proceedings concerning vapor products specifically that would lend a hand in determining his future stance. Recently, with all of the political turmoil going on, vapor products have been out of the spotlight with many legislators and law professionals. However, with the Bishop-Cole Amendment on the table and dozens of vapor manufacturers gearing up to sue for their right to compete in the market without the same rules that govern the big tobacco companies, Gorsuch will eventually be faced with making a decision.

For now, we know that Gorsuch is fiercely in favor of free trade, and that any legislation or regulation that would cause business owners to forcibly give up the companies they have worked to build would go against his past voting history.

He may not have a strong opinion about vaporizers in general, but he may be the best pro-business ally the vapor industry can count on in the current climate.

The coming days will see him take his new seat in earnest, and the Supreme Court will resume hearing cases with its full complement of nine justices on the bench, for the first time since Scalia’s death in February 2016.