NY judge throws out sugary drink banexcerpt...
In his ruling, Tingling also criticized Bloomberg's decision to implement the ban without a vote of the New York City Council. The regulation has been passed into law by a decree issued last September by the city's Health Department. Bloomberg's office had defended the regulation by arguing the mayor has a broad mandate to protect and improve the health of New York City residents.
But Tingling was skeptical of that defense, writing that "interpretation" of the law would give it the "authority to define, create, mandate and enforce (laws) limited only by its imagination." The regulation, the justice wrote, "would create an administrative Leviathan and violate the separation of powers doctrine... It would eviscerate it."
Tingling added: "Such an evisceration has the potential to be more troubling than sugar-sweetened beverages."
When the debate is lost, slander becomes the tool of the loser. Socrates