Tuesday - March 12, 2013

Sometimes my brain works even before coffee

I got out of bed this morning and came downstairs. My wife had the morning news on.

“Judge throws out Bloomberg’s soda ban. Rules the law ‘arbitrary and capricious’” ... and then goes on to tell the details.

“Ha!”, says I, “that ought to then nullify NY’s new gun control law.”

“Wake up sleepyhead”, says she, “this is about the soda thing, not guns.”



Here’s a link to noted smart person John Hindraker in today’s Powerline, saying pretty much the same thing.

In a closely related development, a New York judge has thrown out Mayor Bloomberg’s decree against selling “sugary drinks” in New York City in containers larger than 16 ounces. The judge, Milton Tingling, held among other things that the ban was “arbitrary and capricious,” which is to say, irrational. He explained:

The petitioners state the decision to target only certain sugary sweetened drinks is nonsensical as a host of other drinks contain substantially more calories and sugar than the drinks targeted herein, including alcoholic beverages, lattes, milk shakes, frozen coffees, and a myriad of others too long to list here.

Note how closely this reasoning applies to the Democratic Party’s effort to ban “assault weapons,” certain randomly designated semi-automatic rifles which are identified by cosmetic features.

Yeah, and the 16 ounce size limit is exactly analogous to the 10 round magazine limit. It is it is it is!

It’s good to know I’m not a complete vegetable before Mr. Coffee works his morning magic.

Bear in mind, too, that there is a constitutional right to own and carry firearms, while there is no corresponding right to consume sugary beverages, so an assault weapons ban would be judged by a more stringent standard. Judge Tingling continued:

Petitioners also point out the exceptions to enforcement of the Rule whereby certain food service establishments are exempt from complying with this Rule. The effect would be a person is unable to buy a drink larger than 16 0z. at one establishment but may be able to buy it an another establishment that may be located right next door.

Sounds to me just like that “this law doesn’t apply to cops, retired cops, soldiers, and other government employees” addendum part that New York had to add on to their stupid law later, because they passed it so damn fast they weren’t even thinking. Not that I think that any law that has any exceptions for any special class of people is even close to constitutional, but at this point I’m on my third cup of the day, so that deep thought may be clearly attributable to the beans. Of which I may be full of.

Posted by Drew458     on 03/12/2013 at 12:24 PM   
Filed Under: • Guns and Gun Control •  
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