After New York City Mayor Michael Bloomberg last week lost another court challenge to his attempt to limit the size of soft drinks that can be sold in some locations, he vowed to appeal to a higher court.
And why not? Two state courts already have ruled Bloomberg’s plan is unconstitutional – but they miss the point entirely.
Last week’s ruling held that Bloomberg’s action violates the principle of separation of powers. It upheld a lower court order.
But what of the bigger issue? What right does government have to tell Americans they cannot buy whatever quantity they want of legal products?
Bloomberg said he still isn’t giving up the soft drink fight and plans to appeal this decision. And New York courts seem to hold that if the right process is used to impose such limits, everything is all right.
No wonder Bloomberg is optimistic. Courts in New York don’t appear to understand the concept of individual liberties.