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Tag: Virginia

December 21, 2018

There’s no evidence that truthful happy hour advertising sends Virginians into a binge fest

We've finally made it to the merits in our happy hour advertising lawsuit against Virginia's absurd censorship regime. It's been a struggle. As I detailed in the Washington Post, the Virginia Alcoholic Beverage Control Authority (ABC) and the state Attorney General's office have barraged our plaintiffs with onerous and time-consuming discovery requ ...

May 29, 2018

No, Virginia, we’re not going anywhere

As readers know, Virginia strictly forbids having too much fun with happy hour advertisements. The state allows businesses to use the sanitized statements “Happy Hour,” or “Drink Specials,” but forbids restaurants from advertising the price of any happy hour drink, or using fun phrases like “Sunday Funday,” (or & ...

October 11, 2012

State standing to challenge ultra vires federal action

I signed the agreement today to publish my article, State Standing to Challenge Ultra Vires Federal Action: The Health Care Cases And Beyond in the U. Florida Journal of Law & Public Policy. In it, I argue that the Fourth Circuit Court of Appeals was wrong to dismiss the Virginia lawsuit challenging Obamacare–a point I explained ...

August 02, 2010

Virginia's health care lawsuit moves forward

Author: Daniel Himebaugh A federal district court denied the federal government's motion to dismiss the State of Virginia's lawsuit challenging the Patient Protection and Affordable Care Act today, citing the need to resolve the "complex constitutional issues" that the case presents. On the issue of jurisdiction, the court found t ...