Boreali et al. v. Axelrod

A New York state Public Health Council adopted a regulation prohibiting smoking in most indoor areas. The court ruled that the regulation was invalid because the Commission exceeded the scope of its authority and usurped the lawmaking power of the Legislature in violation of the separation of powers doctrine. The court stressed that it was not basing its decision on the harmful effects of tobacco smoke—which were not disputed—but only on the authority of the Commission.