. >> joining me now is michael moynihan, senior editor at moynihan, senior editor at "newsweek dailyeast" 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 terrible decision, poorly reasoned. and the idea that just because you can't ban everything, and you can't do everything to limit obesity, that you can't do anything, i think, is just a mistaken idea. i think this was a reasonable step by mayor blockberg, and i think an appeals court will overturn it. >> jeff, in order to get it to be overturned, would bloomberg have to try to change the law to make it kind of across the board? and not have there been exemptions or l