Will this "double whammy" play a significant role in whether or not his decision gets overturned?... Does it change YOUR opinion on the matter??
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Judge in Soda Ruling Is Wary of Government’s Power
He ended a state policy of routinely shackling even nonviolent offenders on their way to and from the courthouse. He stopped, at least temporarily, a new city rule limiting the number of art vendors in the parks.
In a small number of noteworthy cases over the years, Justice Milton A. Tingling Jr. of State Supreme Court in Manhattan has displayed a palpable sensitivity to the power of the government — and a willingness to push back when the government may be going too far.
On Monday, Justice Tingling, 59, was back in the news again, with perhaps his highest-profile ruling yet: a surprise rejection of New York City’s ban on large servings of sugary drinks, a centerpiece of Mayor Michael R. Bloomberg’s third term, on the eve of its implementation.
It was a forceful rejection, at that. The ban, he wrote, would not only violate the separation of powers, “it would eviscerate it” — a prospect that “has the potential to be more troubling than sugar-sweetened beverages.”
His ruling’s feisty tone aside, Justice Tingling is generally known more for thoroughness, sympathy and patience on the bench, lawyers and litigants who have had cases before him said.
http://www.nytimes.com/2013/03/12/ny...ower.html?_r=0



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