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>> 70,000 americans? >> 70,000 people will die from obesity. >> joining me now is michael moynihan, senior editor at "newsweek" daily beast and cnn's senior legal analyst, jeffrey toobin. jeff, the judge said the ban is, quote, laden with exceptions based on economic and political concerns. there are a number of exceptions, like convenience stores that would be able to sell these supersized drinks, but not restaurants. beverages with high milk content would be exempt. this a controversial issue for the judge, or is it just because there's too many loopholes? >> it's sort of hard to tell. he ju...

Moynihan, senior editor at moynihan, senior editor at "newsweek daily beast" and cnn's senior legal analyst, jeffrey toobin. jeff, the judge said the ban is, quote, laden with exceptions based on economic and political concerns. there are a number of exceptions, like convenience stores that would be able to sell these supersized drinks, but not restaurants. beverages with high milk content would be exempt. this a controversial issue for the judge, or is it just because there's too many loopholes? >> it's sort of hard to tell. he just doesn't like the law and rules it arbitrary. i think it's a ...

Big gulp drinks. mayor michael bloomberg said this in an interview with david letterman earlier today. >> the state court judge said the department of health didn't have the authority to do it. we think that they do. we'll appeal. in the meantime, this year, 70,000 americans will die from obesity, 5,000 here in new york. we've got to do something about it. >> 70,000 americans? >> 70,000 people will die from obesity. >> joining me now is michael moynihan, senior editor at "newsweek" daily beast and cnn's senior legal analyst, jeffrey toobin. jeff, the judge said the ban is, quote, laden with ex...

7-eleven which is regulated by the state, not the city. 7-eleven also sells the popular big gulp drinks. mayor michael bloomberg who pushed hard for this law is vowing to appeal today's ruling. here's what he said in an interview with david letterman earlier today. >> a court judge said the department of health didn't have the authority to do it. we think that they do, we'll appeal. in the meantime, this year, 70,000 americans will die from obesity, 5,000 here in new york. we've got to do something about it. >> 70,000 americans. >> 70,000 people will die from obesity. >> joining me now is mich...