A nice illustration of the judiciary's role in the tobacco issue comes from this AP report:
A judge on Monday blocked a federal requirement that would have begun forcing tobacco companies next year to put graphic images including dead and diseased smokers on their cigarette packages.
U.S. District Judge Richard Leon ruled that it's likely the cigarette makers will succeed in a lawsuit to block the new standard. He stopped the requirement until after the lawsuit is resolved, which could take years.
A similar case brought by the tobacco companies against the labels is pending before the U.S. 6th Circuit Court of Appeals in Cincinnati. U.S. District Judge Joseph McKinley upheld most of the marketing restrictions in the law in January 2010. The appeals court heard arguments in the case in July but is not expected to rule for several months.
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