The same five US Supreme Court Justices who last year ruled that the FDA didn't have the authority to regulate tobacco products as drug delivery devices (and who then chose George Bush as President) preempted yesterday States from protecting children from cigarette advertising. The five conservative Justices (Rehnquist, Scalia, Thomas, Kennedy & O'Connor) ruled that regulations restricting tobacco advertising within 1000 feet of school and playgrounds were preempted by federal law and violated the tobacco industry's right to free speech.