Join Meir Panim’s campaign to “light up” Chanukah for families in need.
What intrigues us most about Justice Milton Tingling’s decision invalidating New York City’s ban on large sugary soft drinks is that his opinion contained nothing we all hadn’t heard before. The judge said the ban was “arbitrary and capricious” – a judicial no-no that is the legal equivalent of “it makes no sense” – and was improperly adopted by a non-elected Board of Health.
In sum and substance, these were the very arguments made by many critics of Mayor Bloomberg’s ill-advised plan in the months since the rule was adopted. The mayor, true to his nature, refused to budge. Yet as it now stands those arguments have been validated, and at least until a higher court decides otherwise, the matter is out of his hands.
Judge Tingling explained that the new rule applied only to certain sugared drinks like soda but exempted high-sugar drinks that also had high milk content. It applied to restaurants but not convenience stores. “It excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories.” Under the rule, consumers could get unlimited refills of soda as long as none of the cups was larger than 16 ounces.
Judge Tingling also strongly implied the ban was not something that should have been passed by the New York City Board of Health – members of which are appointed by the mayor. He said that allowing a non-elected body to exercise this power “would leave its authority to define, create, mandate and enforce limited only by its own imagination” and “create an administrative Leviathan.”
The mayor has vowed to appeal Judge Tingling’s ruling, so it may not be the final word. But there are some frightening possibilities inherent in the mayor’s position, which involves public regulation of an individual’s decision over matters that affect his or her own health and not that of others.
Can or should the Board of Health dictate the size of portions served in a restaurant in an effort to promote public health? Can or should it restrict menus to certain foods? Can or should it outlaw alcohol consumption, even though on the national level it took an ill-fated constitutional amendment to do so nearly a hundred years ago?
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Desperate people take what they can, seizing opportunity to advance their main goal; the Arabs don’t
There was a glaring void in the President’s State of the Union speech: Israel.
Let’s focus not on becoming an ATM for that little bundle of joy, but on what you can save in taxes.
Israel has some wild places left; places to reflect and think, to get lost, to try to find ourselves
The British government assured Anglo-Jewry that it is attacking the rising levels of anti-Semitism.
Obama’s Syrian policy failures created the current situation in the Golan Heights.
Our journey begins by attempting to see things differently, only then can we be open to change.
Despite Western ‘Conventional Wisdom&PC,’ the Arab/Israeli conflict was never about the Palestinians
Confrontation & accountability, proven techniques, might also help dealing with religious terrorists
In fact, wherever you see soldiers in Paris today, you pretty much know you’re near Jewish site
Inspired by the Perek Shira pasuk for “small non-kosher animals” we named the bunny “Rebbetzin Tova”
The abuse following publication proved a cautionary tale: no one followed in Peters’s footsteps
Plainly, there is no guiding hand dictating choices across the board.
In this particular case, the issue was whether the Arkansas prison system could prohibit, for security reasons, a devout Muslim’s maintaining a beard of a certain length as a matter of religious practice.
Despite the president’s respectable anti-terrorism record, he doubtless has little interest in being identified with anything that might suggest, however tangentially, criticism of Muslims or Islam.
One wonders what connection that rejection has with turning to the ICC, which would allow the Palestinians to bring war-crime charges against individual Israelis and is certainly one more step away from seeking a negotiated settlement.
In the NPR interview, Mr. Obama said Iran could become a “very successful regional power” if it agreed to a long-term nuclear deal.
Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.
Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.
Printed from: http://www.jewishpress.com/indepth/editorial/judge-to-nanny-mayor-not-so-fast/2013/03/13/
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