We have covered extensively (for instance, here, here, and here) the ban on the sale of large, sugary drinks by New York City's health department. A state-law-based challenge to the ban by merchants and others succeeded in a New York trial court and an intermediate court of appeals. Yesterday, however, New York's highest court (the New York Court of Appeals) agreed to hear Mayor Bloomberg's appeal. The mayor says that's good news, and he expects the high court to uphold the ban.