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Independent voices from the The Washington Times Communities
Topic - Bennett Gershman
If New York City bans big sodas, what's next on the list? Large slices of pizza? Double-scoop ice cream cones? Tubs of movie-theater popcorn? The 16-ounce strip steak?
It took about eight years after the death of a spouse of a federal employee in West Virginia before the U.S. Office of Personnel Management stopped sending her retirement checks. By then, the dead woman had received more than $200,000.
Bennett Gershman, a constitutional law professor at Pace University, argued that the ban on big sugary drinks would run afoul of the U.S. Constitution's Commerce Clause.
Local governments "can't pass laws that do impose burdens on the free flow of commerce between states," he said. "If it is too much of a burden, the Supreme Court says that states can't do it. Only Congress can impose burdens on commerce. States can't."