Case: 25-1922 Document: 83 Page: 9
Date Filed: 09/24/2025
Page 8
1 cancer is associated with smoking. Things can rise and fall
2 together.
3
JUDGE CHAGARES: Right.
4
MR. EHRLICH: And we have the context of the statute
5 itself. So the other clauses, the other subclauses were
6 focused on Subclause 2. That's mainly what the parties have
7 been arguing about.
8
JUDGE CHAGARES: Yes.
9
MR. EHRLICH: But the other subclauses are all about
10 financial -- link to a financial instrument or measure, and
11 that's what we would say applies here too, if something is
12 associated with something, when it has a link to the financial
13 instrument or measure, and so we used inherently financial as
14 is sort of the shorthand, but that's really --
15
JUDGE CHAGARES: Oh, that's limiting though.
16
MR. EHRLICH: Well, it is limiting, and I think the
17 reason it's limiting is because we have the rare case where
18 three critical statutory interpretation rules cut our way,
19 which is we have a clear statement rule that Congress doesn't
20 lightly change the power between federal and state government.
21 This is something that state governments have regulated
22 forever, and I would point the Court to the states' amicus
23 brief from a broad coalition of states who goes in depth on
24 that. We have the major questions doctrine, which is that, you
25 know, Congress doesn't lightly give agencies vast economic and
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