Author Topic: New York Judge Strikes Down Governor Hochul’s Mask Mandate (Read 317 times)

mystery-ak · « **on:** January 25, 2022, 04:17:35 pm »

New York Judge Strikes Down Governor Hochul’s Mask Mandate
By Brittany Bernstein

January 24, 2022 8:03 PM

A New York State Supreme Court judge on Monday ruled that Governor Kathy Hochul’s mask mandate for schools and other public locations is unconstitutional.

Judge Thomas Rademaker found that the governor and the state health commissioner did not have the authority to enact a mask mandate without the state legislature, given that the governor no longer has emergency powers.

The mask mandate has been in place since mid-December, when the state saw a surge in the highly transmissible Omicron variant.

“There can be no question that every person in this State wishes, wants and prays that this era of COVID ends soon and they will surely do their part to see that is accomplished,” Rademaker wrote in his decision. “However, enacting any laws to this end is entrusted solely to the State Legislature. While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State, they must take their case to the State Legislature.”

more
https://www.nationalreview.com/news/new-york-judge-strikes-down-governor-hochuls-mask-mandate/

Right_in_Virginia · « **Reply #1 on:** January 25, 2022, 05:57:29 pm »

🚨🚨 My office is answering calls from constituents - specifically parents who are informing us that their kids are being kept from entering schools unless they are wearing masks. THIS IS ILLEGAL. THERE IS NO STAY ON THIS COURT RULING.— Elise Stefanik (@EliseStefanik) January 25, 2022

Kamaji · « **Reply #2 on:** January 25, 2022, 06:03:11 pm »

Quote from: Right_in_Virginia on January 25, 2022, 05:57:29 pm

🚨🚨 My office is answering calls from constituents - specifically parents who are informing us that their kids are being kept from entering schools unless they are wearing masks. THIS IS ILLEGAL. THERE IS NO STAY ON THIS COURT RULING.— Elise Stefanik (@EliseStefanik) January 25, 2022

The thing that has to be kept in mind is that the court that struck down the mandate is the lowest-level trial court of record in NY - unlike in most (normal) states, in NY the "supreme court" is the lowest court, not the highest court. The highest court in NY is the "Court of Appeals" - which in any other (normal) state would be the second-highest level of court; in NY, the second level of court is the Appellate Division of the Supreme Court.

As such, since this ruling was out of the supreme court for Nassau County, it technically only applies within that county, and not (yet) to the rest of the state.