[dalke]

Heartily agree. The Circuit Courts seem to be in agreement, and the Supreme Court has declined to review appeals on this topic which were sent to them. This suggests that there is no Constitutional issue here which needs a decision.

Or in other words - NYC passed a law prohibiting the sale of sugary drinks over 16 ounces in size. To the best of my knowledge, the Supreme Court has never made a decision on if that action is Constitutional. And I strongly doubt that it ever will. Does that mean the legality of the new law is under doubt? Absolutely not.