Court Slaps Down Michael 'Napoleon' Bloomberg's Soda Ban

Walter Olson comments:

Welcome news from New York: a unanimous four-judge appeals court has confirmed a trial court order striking down the New York Department of Health’s attempt to ban large soda portions. The decision is here, Newsday coverage here, and our earlier coverage here[...]

 The rule that government agencies cannot overstep their lawfully granted powers is a vital one in protecting the liberty of the citizen. On this issue, and not this alone, Mayor Michael Bloomberg has acted more as a Napoleon issuing peremptory dictates than as an elected executive carrying out the will of legislators on the City Council and in Albany. 

Napoleons of the political class are a good bit more dangerous to us all than the sugar-laden Napoleons of the bakery shelf. We should rejoice that this one is getting sent back to the kitchen.