Over at Volokh, they are covering the high capacity soda ban being overturned by a New York judge. The grounds would seem to be that the power to do so was improperly usurped from City Council, and thus violated separation of powers. This pleases me, because I think the judicial weakening of the non-delegation doctrine was one of the greatest injuries to liberty undertaken by the courts. It’s a pretty simple concept: if someone thinks something ought to be illegal, the legislature should have to pass a law.
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John Hinderaker has tied the reasoning in the soda decision to the gun debate. That is, most of the Dem proposals in gun control are arbitrary and capricious.