New York City’s anti-soda Mayor Michael Bloomberg might not be in office come 2014, but his slain ban on large, sugary drinks will rise from the dead next year in the New York State Court of Appeals. City officials asked the court to challenge the State Supreme Court’s decision that killed the measure in August.

That ruling was followed by another setback for Bloomie’s crusade, when a Supreme Court appeals panel upheld the previous decision.

But it’s all coming up roses for the Frankenban that apparently can’t be killed, with arguments and a decision by the top court expected next year, reports the Associated Press.

Bloomberg’s administration wanted to put a 16-ounce limit on high-calorie soft drinks sold at restaurants, stadiums and other venues. He said he’s confident the court will overturn the block on the ban.

“Obesity is the only major public health issue we face that is getting worse, and sugary drinks are a major driver of the crisis,” Bloomberg said. “The related epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year and striking hardest in black and Latino communities and low-income neighborhoods.”

But his adversary, the American Beverage Association, also expects to come out on top.

“The courts have agreed the Board of Health did not have the authority to pass this regulation,” a spokesman said. “We look forward to a final resolution of this issue.”

Maybe this could just be solved with a cage match so we could get it over with, already.

Top NY Court Will Review Bloomberg’s Big-Soda Ban [Associated Press]

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