But does anyone really and truly think that contemporary courts will find that existing law creates a "clear, mandatory, statutory duty" to get rid of processed meats in school lunches?
No way. Not now, and not in the near future, I suspect.
Does heavily processed meat contribute to heart disease and the like? I suspect it does. Might the world be a better place if our kids didn't chow down on bologna? Probably.
But these are policy choices. No way a court's going to do it on its own. Because current law, for better or worse, does not require such a course of conduct. As the Court of Appeal rightly holds.
P.S. - It actually might be a neat (albeit illegal and unethical) way to drum up legal work to have some friends create a "public interest" group and have 'em sue your governmental clients with drummed-up public interest litigation like this one. You get some legal fees, they get to "fight the good fight," and maybe you illegally split some fees with 'em. So many ways to get rich, as long as you're willing to bend the law a little (or a lot).
