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NYC sugary drink ban put on ice by judge

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    Peter Johnson, Jr. weighs in

  • Duration 3:28
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A new nanny state law we're supposed to take effect today here in New York.

But at the last minute a judge can Mayor Bloomberg -- on big so -- Mayor Mike Bloomberg the champion of this law says the fight isn't over -- him.

Think the judges totally in error and the way he interpreted the law and we're very confident that we will win on appeal.

Somebody who knows all about the law and appeals and stuff like that Fox News legal analyst Peter Johnson you couldn't -- -- Steve how are you.

Now let's -- the appellate division of the first apartment in Manhattan.

New York judge Milton tingling -- -- Supreme Court justice has said that mayor Bloomberg's law is a quote.

Administrative leviathan who -- than was of course the biblical scene monster that became.

The the model for.

Thomas Hobbes leviathan.

About it absolute -- -- the need for absolute.

A government -- it in our society.

And so the appellate division is gonna decide.

Whether -- judge -- was right when he said.

That the mayor overstepped this City Council bounds that they overstepped the separation of powers between the executive branch and legislative branch.

And whether the law was quote.

Arbitrary.

And -- -- Meaning in common sense language it didn't make any sense because you can gold next door and -- -- sugar and coffee right well the same time he couldn't buy.

A sixteen ounce soda.

-- at one restaurant and they had to abide by the rules next one over or someplace else they did they did it it it's crazy.

Ultimately though Peter what what has a lot of people.

Upset is simply you know the over regulation it seems like a candidate in this town you -- have too much salt you can't run -- restaurant any wanted to cracked -- notice.

Sugar and I understand the nanny state I think they also understand and all parties understood that obesity is probably -- absolutely -- city diabetes is a problem is they cost hundreds of millions of dollars.

But how does that government regulated -- in this particular case it was an administrative.

Regulation.

Of the department of health.

Not a duly passed law grades are by elected City Council to be civil council to pass sells everything you don't let -- -- revisions go look at the evidence here and say.

Did they have a right to do it -- -- lot of case law on net and it goes both ways.

And then secondly was this city New York rational in its basis did they have some.

Evidence to show that they -- they were doing was appropriate.

Whether this is decided by mayor Bloomberg's term to the end of the year it is unknown probably not.

You're real good at try reading the appeals process do you think that the appeals court's gonna say.

That judge was right or Bloomberg was right I've I've argued these types of article 78 many times before.

I believe it's a 5050 shot at this point the record is a long one and a big one did the city put together what they need to do that prove.

Their case it did they overstepped their bounds lot of legal scholars think.

That they went a bridge too far -- -- in New York today it's drink.

-- -- Yeah.

All good camera guys are singing.

-- -- -- -- It may lay dollars and that I had really did well that's not -- -- that's -- -- they remain well that.

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