The Obama administration on Tuesday appealed a U.S. judge’s ruling and injunction that blocked tobacco companies from having to display graphic images on cigarette packs and advertising, such as a man exhaling smoke through a hole in his throat.

The appeal had been widely expected after U.S. District Judge Richard Leon earlier this month sided with tobacco companies and granted a temporary injunction blocking the requirement.

He said the companies would likely succeed in their lawsuit challenging the new graphic warnings as unconstitutional because it compels speech in violation of the First Amendment.

He deserves to loose this one.

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