The group that has been trying to keep the tobacco tax increase off the November ballot is giving up. Attorney Marc Ellinger says Missourians Against Tax Abuse will not ask for a re-hearing before the state supreme court.He says the Supreme Court’s unanimous decision means it is unlikely to change its mind. He doesn’t think the issue will pass. Ellinger thinks a federal lawsuit will be filed challenging the proposal’s medicaid-funding provisions if it does get voter approval. -bp-