The American Beverage Association has a legal gift that keeps on giving: a suit over the sweetened beverage tax. 

Along with local retailers, the giver of hardship to the City of Philadelphia is taking the suit to another level: that of the Supreme Court.

Claiming that the city’s tax is unconstitutional because it causes double taxation and stating that consumers are the ones who are hit the hardest, the ABA is continuing it’s campaign in favor of "big soda,” letting no one get in the way.

So much so that Commonwealth Court Judge Michael Wojcik stated that the legal actions were the “post-tax economic actions of private actors”

Prior to being forced to appeal their first denial by the Pennsylvania Commonwealth Court in June that upheld the city’s right to tax the beverages, the city appealed a dismissal by a Common Pleas Court judge, adding to the relentless pursuit of an end to the tax we all love to hate (or hate to love).

The legal actions may not be effective in getting legal support, but one thing they are good at is stalling the funds. Though City Council may have approved $100 million in funds to be allocated last month, the money may not be spent until the court cases and all legal options are finally exhausted.