In 1992, back when Congress could occasionally agree on something, there was bipartisan anger over a beverage called Crazy Horse Malt Liquor because it insulted the memory of a Native American chief who happened to frown on alcohol.
Congress quickly passed a law barring federal approval of any beer label that displayed the words "Crazy Horse." The brewer promptly sued, and not surprisingly a federal judge found the law unconstitutional under the First Amendment.
When the question of whether to appeal the ruling in Hornell Brewing Co. v. Brady arose, then-Solicitor General Drew Days III decided it would be futile; the law was beyond rescue. "Congress seemed to accept the decision not to go forward," Days wrote later.