Two weeks after fighting for the survival of its signature healthcare reform law before the Supreme Court, the Obama administration will be back in court Tuesday to defend another part of the president’s agenda to make Americans healthier.

The D.C. Court of Appeals is scheduled to hear oral arguments in a case brought by five tobacco companies challenging regulations requiring graphic warning labels on cigarette packs and advertisements starting in September.

Once again, the administration is finding itself accused of overstepping its constitutional authority, this time on First Amendment grounds.