The NY Supreme Court Appellate Division ruled today that Mayor Bloomberg's ban on sugary drinks over 16 ounces at restaurants and movie theaters was unconstitutional. Reuters described it as an "illegal overreach of executive power." This decision upholds NYC Supreme Court Justice Milton Tingling's halting of the soda ban back in March. But don't worry—Bloomberg is going to continue fighting the fight!

Bloomberg said in a statement, "Since New York City’s ground-breaking limit on the portion size of sugary beverages was prevented from going into effect on March 12th, more than 2,000 New Yorkers have died from the effects of diabetes. Also during that time, the American Medical Association determined that obesity is a disease and the New England Journal of Medicine released a study showing the deadly, and irreversible, health impacts of obesity and Type 2 diabetes - both of which are disproportionately linked to sugary drink consumption. Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic."

NYC Corporation Counsel Michael A. Cardozo also said, "We firmly disagree with the court’s reasoning and will seek to appeal to the Court of Appeals as quickly as possible. There is broad precedent for the Board of Health to adopt significant measures to protect New Yorkers’ public health."

The next stop is NY State's Court of Appeals and maybe even the Supreme Court! Maybe ruminations on the refreshing nature of Coca-Cola will break Justice Thomas's vow of silence.