Remember how earlier this year, mayor Bloomberg of New York City tried to pass legislation that would prevent the sale or consumption of soda and other sugary drinks larger than sixteen ounces? Well, dearest lovers of empty calories and obnoxious amounts of sugar, fear not! Tuesday was marked by a truly historic moment for big gulp enthusiasts everywhere; a higher appeals court declared the action an “overreach of executive power” and was declared unconstitutional.

The law had been the target of much criticism, and had been declared unconstitutional by a lower court in an effort to strike it down. The decision made on Tuesday simply set in stone the ruling that had already been made. However, that does not mean that mayor Bloomberg and his team have given up on the crusade against what they seem to believe is the obesity epidemic in a can; Bloomberg calls the ruling a “minor setback,” and Corporation Counsel Michael A. Cardozo was quoted as saying, “We firmly disagree with the court’s reasoning and will seek to appeal to the Court of Appeals as quickly as possible … There is broad precedent for the Board of Health to adopt significant measures to protect New Yorkers’ public health.”

For now, it seems that mayor Bloomberg’s fight against sugary sodas has lost it’s bubbling potential since it got canned. In fact, you could say it’s fallen completely flat. (That’s all the soda puns for now.)

New Yorkers seem generally pleased that they can suck down as much diabetes-inducing liquid as they like without fear of the man keeping them down. There’s no doubt that soda companies are equally pleased with the outcome, as well. All in all, it seems that everyone is happy with the verdict; except, of course, for Bloomberg. Sort of like the Grinch around Christmas time.