Professor James Fanto was quoted in an article in Investor’s Business Daily focusing on the separation of powers issue in the case of the recent blockage of Mayor Bloomberg’s proposed ban on supersized sugary drinks. The article has since been picked up by the Associated Press, Boston Herald, Washington Post, Wall Street Journal, and several other major news sites.
The article discusses the political realities and legal issues arising from State Supreme Court Justice Milton Tingling’s decision to block the oversized-soda ban, including that the soda rule was “arbitrary and capricious,” and that approving of the ban by the Bloomberg-appointed Board of Health (as opposed to the City Council) violated separation of powers principles. “This is a serious challenge to the city,” said Professor Fanto, referring to the actions of the Mayor and his Board of Health in instituting the ban, usurping a power that was, according to the court decision, really a pronouncement for a legislative body.
Professor Fanto teaches courses on business and financial law, regulation and compliance and is an extensive writer and commentator on these subjects both in the U.S. and abroad.
Read the full article.