March 12, 2013 4:12PM # Judge Strikes Down Bloomberg’s Soda Grab By [Walter Olson](https://www.cato.org/people/walter-olson) --- SHARE My new [op-ed at the *Daily Caller*](http://dailycaller.com/2013/03/11/soda-ban-ruling-a-devastating-defeat-for-mayor-bloomberg/) is their “most shared” this morning. Excerpt: > On Monday, Judge Tingling struck down the soda ban in a sweeping opinion that does everything but hand Mayor Poppins his umbrella and carpetbag. This wasn’t just a temporary restraining order putting the regulation on hold for a few weeks. The judge struck down the ban permanently both on the merits (“fraught with arbitrary and capricious consequences”) and as overstepping the rightful legal powers of the New York City Department of Health… > > > \[For\] the mayor and his public health crew… the biggest reproach in the decision isn’t in being found to have gotten the facts wrong, it’s being found to have violated the law. > > > And if anyone is expected to know and play by the rules, it’s a nanny. [Michael Grynbaum, *New York Times*](http://www.nytimes.com/2013/03/12/nyregion/judge-invalidates-bloombergs-soda-ban.html?pagewanted=all&_r=0): > \[Bloomberg’s\] administration seemed caught off guard by the decision. Before the judge ruled, the mayor had called for the soda limits to be adopted by cities around the globe; he now faces the possibility that one of his most cherished endeavors will not come to fruition before he leaves office, if ever. … > > > The measure was already broadly unpopular: In a New York Times poll conducted last August, 60 percent of city residents said it was a bad idea for the Bloomberg administration to pass the limits. The *Times* also [profiles](http://nyti.ms/YfP4x1) Judge Tingling and reports on [reactions](http://nyti.ms/X1jNeM) by the New Yorker in the street (not favorable toward the ban). Coverage from yesterday, including my podcast with Cato’s Caleb Brown, [here](http://overlawyered.com/2013/03/judge-bloomberg-unhand-soda/). \[cross-posted and slightly condensed from [Overlawyered](http://overlawyered.com/2013/03/judge-strikes-bloomberg-soda-ban-contd/)\] ##### Related Tags [Constitutional Law](https://www.cato.org/constitutional-law), [Robert A. Levy Center for Constitutional Studies](https://www.cato.org/robert-levy-center-constitutional-studies) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/).