Is Mayor Bloomberg’s Proposed Ban of Sugary Drinks Legal?

New York City Mayor Michael Bloomberg has proposed a ban on the sale of sugary drinks in containers larger than 16 fluid ounces. So, is it actually legal for a mayor to enforce such a ban?

Judge Andrew Napolitano joined Happening Now and categorically said no. “It’s not legal because this would have a profound effect on interstate commerce and interstate commerce, under the Constitution, can only be regulated by the Congress,” he said.

Napolitano lashed out at Bloomberg, saying, “Mother Bloomberg is a megalomaniac. If she thinks that she can take away the free choices of adults, of individuals, and make those choices for us.”