The Real Impact of the NYC Soda Ban's Well-Deserved Defeat

 

Last week, the New York State Court of Appeals—the state's highest court—dealt a final death blow to New York City's reviled soda ban. The decision, which upheld two lower court rulings, drew an important line in the sand across which New York City's activist health department may no longer cross.

Like the lower courts before it, the high court held that the city's health department, an unelected board appointed by then-mayor Michael Bloomberg, violated the state constitution by exercising legislative powers it does not possess in order to enact the soda ban.

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