Articles

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

December 21, 2018 | By ANASTASIA BODEN

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- ...

Articles

No, Virginia, we’re not going anywhere

May 29, 2018 | By ANASTASIA BODEN

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 & ...

Articles

State standing to challenge ultra vires federal action

October 11, 2012 | By TIMOTHY SANDEFUR

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 … ...

Articles

Virginia’s health care lawsuit moves forward

August 02, 2010 | By PACIFIC LEGAL FOUNDATION

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 f ...