Michael M. Grynbaum of the New York Times reports a court has ruled in favor of individual freedom.

The state’s highest court on Thursday refused to reinstate New York City’s controversial limits on sales of jumbo sugary drinks, exhausting the city’s final appeal and handing a major victory to the American soft-drink industry, which bitterly opposed the plan.

So if a private, commercial enterprise chooses to offer a washtub sized serving of Mountain Dew and can find customers who will agree on a price, then the state has no jurisdiction. Cannot prohibit the transaction throw anyone in jail, impose fines, close businesses or do any of the other things the modern nanny state so much enjoys doing.

The good news is that the court ruled in this fashion. The bad news is that it ever got the opportunity.

And that two judges dissented.

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