The Court kicks off its term today with a case on low tar cigarettes, and whether the tobacco industry can be subjected to lawsuits that allege fraudulent claims about the safety of those products.

Three people from Maine want to sue, claiming that false advertising claims were used to aid in the sale of low tar cigs.

The Altria Group is the defendant - you probably know them better as Philip Morris.

The tobacco industry argues that such lawsuits under state law are not allowed, saying that the only arbiter of such fraud claims would be the Federal Trade Commission. The argument is that Congressional moves to regulate the industry pre-empt state laws that might apply.

Lower courts split on the issue.

How important is this lawsuit to the former Phillip Morris? There are similar lawsuits pending in fourteen other states.

One interesting sidelight, one of the best cases of the court's term will be argued on Election Day, when the Court tackles offensive language on radio and TV.

It's first time in 30 years that the Court has dealt with the issue. Back then, it was the Seven Dirty Words of George Carlin, the comedian who died earlier this year.

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Every Presidential election is important, and that's true when talking about the High Court. And that brings us to today's trivia question.

Bill Clinton nominated two Justices to the Supreme Court. Who was the last Democrat before Clinton to place someone on the Court?

Lyndon Johnson is your answer, as Jimmy Carter never had an opening to fill.

So think about that - in the last forty years, the Republicans have made all but two nominations to the Supreme Court.

Presidential elections are all about winning and losing. When you lose, you are on the outside looking in.