High Court Strikes Down City's Sugary Drink Limits

, New York Law Journal


New York City's restriction on the sale of large sugary drinks was thrown out this morning by the state Court of Appeals in a decision that found the Board of Health overstepped its authority and intruded on the lawmaking province of the City Council.

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What's being said

  • Ravi Batra

    The 4 Judges of the Court of Appeals, led by the trail blazing J. Pigott, and border-lined by J. Abdus-Salaam with separation of powers regime, speaks to the core of freedom itself.

    Freedom is not defined by being forced to do what is right, but the choice of doing wrong, so long as it is not illegal.

    Without there being a spread, a legal spread of choice between what‘s "right" and what‘s "wrong" but legal, freedom itself becomes enslavement.

    Beyond the legalities and medical science‘s current stance on sugar, is the issue of political retribution exacted by politicians and their lawyers when a judge, any judge has the steely intestinal fortitude of the modest and humble Justice Milton Adair Tingling. That he is a "blue blood" justice notwithstanding, his brilliance notwithstanding, his strength of character notwithstanding, it is a continuing wrong for political forces of any moment, when they being rebuffed in court, decide to freely and openly denigrate the judge who dared to say "no" to power or determine that "the Emperor wears no clothes."

    The reason why America is the best nation on earth in all of human history, isn‘t that we are more right than wrong - for that seems to be a slippery slope of judgment multiplied by incremental knowledge - but because we are a nation of laws that is "inclusive" by having a separation of powers regime, splitting the political branches into two, and having the two branches appear in court for a merit-based "final word," which Judge Pigott, along with J. Graffeo (who must be re-appointed), J. Robert Smith (the honest intellectual who disagrees with himself in search for the ultimate truth), and J. Shelia Abdus-Salaam (who is a constructionist worthy of J. Scalia) decreed. The Dissenters, motivated to do good for New Yorkers‘ well being, provided the necessary tension for a better judicial mandate of the majority.

    Thank you Justice Milton Adair Tingling - your service on the bench is enhanced by your modesty, your intellect by your humility, and your steely fortitude proved softly speaking "truth" to power. It bears remembering that sugar to J. Tingling personally is poison.

    Governor Andrew Cuomo needs to replenish our Court of Appeals upon J. Robert Smith‘s premature mandatory departure with J. Tingling - to both honor J. Smith and all New Yorkers who rely upon the Third Branch to honor Lincoln‘s Gettysburg Promise: a government "of, by and for" the people.

    I for one, prefer vodka on the rocks over ice-cold sugary soda.

    Dated: June 28, 2014
    Ravi Batra

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