NYC's ban on suggary drinks overturned (user search)
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  NYC's ban on suggary drinks overturned (search mode)
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Author Topic: NYC's ban on suggary drinks overturned  (Read 6863 times)
Queen Mum Inks.LWC
Inks.LWC
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E: 4.65, S: -2.78

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« on: March 11, 2013, 03:19:51 PM »

NY Supreme Court Justice Milton Tingling overturned it, calling it 'arbitrary and capricious'. I assume Bloomberg will be appealing.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #1 on: March 11, 2013, 03:55:05 PM »

Reading the opinion, it seems like the judge properly applied the Boreali precedent. I don't know about the judge and whether he tends to be activist, but this was a straightforward application of the precedent. I don't see how this ruling would easily get overturned.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #2 on: March 11, 2013, 05:14:04 PM »

Bloomberg is appealing. The reason this was struck down was that the executive branch did something that the legislature had the power to decide. And based on NY precedent, Bloomberg will probably losw on appeal.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #3 on: March 12, 2013, 01:00:27 AM »

To Anotnio and whoever Parks And What You Meant To Me is (I'm assuming BRTD), how are youy saying there's no good legal basis behind the ruling? Did you even read the opinion? The precedent seems pretty solid here.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #4 on: March 12, 2013, 09:58:33 PM »

The law was stupid, but I don't see a basis to strike it down.

True. There's no right to colas in the Constitution. The mayor was merely exercising his 10th Amendment right.

From the U.S. Constitution, there was no problem.  The problem was with the state constiution and separation of powers.  The precedent was Boreali v. Axelrod, 71 N.Y.2d 1, 517 N.E.2d 1350 (1987).

Goodness, is nobody reading my posts?
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