While agencies possess considerable discretion in the rulemaking process, if Congress has not delegated authority to an agency, any action taken by an agency, including rulemaking, will be found invalid. This limitation is no more evident than when considering the regulation of tobacco.

Before the passage of the Family Smoking Prevention and Tobacco Control Act in 2009, Congress had not delegated authority to the Food and Drug Administration (FDA) to regulate tobacco products.

Beginning on page 179 in your textbook, read FDA v. Brown and Williamson Tobacco Corp., 529 U.S. 120 (2000), then answer the following questions:

1. In what rulemaking process did the FDA appear to have engaged?
2. Why did the Supreme Court hold that the actions taken by the FDA to regulate tobacco were invalid?
3. Do you agree with the Court's ruling? Why or why not?