FORFEITING FEDERALISM: THE FAUSTIAN PACT WITH BIG TOBACCO Ryan D. Dreveskracht* 291 Ryan Dreveskracht is an Associate at Galanda Broadman, PLLC. His practice focuses on representing tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or
[email protected]. The Author would like to thank Dale White, Lane Morgan, and John Peebles for their thoughtful comments and suggestions on earlier drafts of this work. Any mistakes are my own. 292 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XVIII:iii INTRODUCTION "Certainly many of us never anticipated that states would become addicted to the tobacco money as a way to finance their operations." 1 - Scott Harshbarger, Attorney General, State of Massachusetts This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement2 , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disar- ray, and how a perceived state windfall of billions of dollars ended up put- ting states on what by all accounts now appears to be very real risk of insol- vency. Part III examines how the major tobacco companies are using the states' dire financial condition to stifle tribal sovereignty and Indian indus- try. Part IV analyzes the federal government's role in similar oppressive tactics. The concluding section suggests lessons that might be learned from the MSA.