After New York City Mayor Michael Bloomberg last week lost another court challenge to his attempt to limit the size of soft drinks that can be sold in some locations, he vowed to appeal to a higher court.
And why not? Two state courts already have ruled Bloomberg's plan is unconstitutional - but they missed the point entirely.
The last ruling held that Bloomberg's action violates the principal of separation of powers. It upheld a lower court order.
But what of the bigger issue? What right does government have to tell Americans they cannot buy whatever quantity they want of legal products?
We fully understand Bloomberg's concern over the health of New Yorkers and the country's growing rate of diabetes. They are legitimate concerns, but banning legal products simply because they are being consumed from a 44-ounce cup instead of a 16-ounce cup isn't the right answer. And if the mayor wins his battle against Big Gulps, what's next?
New York courts seem to believe that if the right process is used to impose limits on personal freedoms supported by politicians like Bloomberg, then everything is all right. They are wrong, and continue to miss the big picture. But it's no wonder Bloomberg is optimistic. He and some judges seem to have forgotton about the individual liberties of American citizens.