Government faces uphill batte in the case about the new cigarette warning labels

In the most recent news regarding the ongoing battle over the government's attempt to impose the use of new labels for tobacco products, the Blog of the Legal Times is reporting that the Justice Department seems to be facing "an uphill fight" to convince the judge to uphold the rules that would require tobacco companies to include graphic warning labels on cigarette packages and in advertisements.  Among other things, apparently the judge has expressed dismay that Congress did not assess how the labeling rules could impinge on First Amendment rights.  For more on the story go here.