N.Y. Supreme Court Judge Strikes Down Governor’s Mask Mandate

A New York State Supreme Court judge revokes Gov. Kathy Hochul’s mask mandate for schools and public locations.

QUICK FACTS:
  • According to a court document, Judge Thomas Rademaker said that neither the governor nor the state health commissioner has the authority to authorize the mandate without the state legislature, according to local reports.
  • The document says there is “no question” that New Yorkers desire the “era of COVID” to end soon.
  • “However, enacting any laws to this end is entrusted solely to the State Legislature,” the document goes on to say.
  • “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.”
WHAT GOV. HOCHUL SAID:

“My responsibility as Governor is to protect New Yorkers throughout this public health crisis, and these measures help prevent the spread of COVID-19 and save lives. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

WHAT NASSAU COUNTY EXECUTIVE BRUCE BLAKEMAN SAID:
  • Nassau County Executive Bruce Blakeman recently signed an order that would allow individual school districts in the area to decide whether to drop mask requirements for students or not, according to another local news source.
  • Following Monday’s ruling, Blakeman called it a “tremendous victory for the people of New York State.”
  • “As of now, there is no mask mandate,” Blakeman added. “And it’s what I’ve been saying all along that the governor did not have the authority—and the health commissioner did not have the authority—to promulgate a mandate.”
  • “I have maintained all along that we researched all of the law and we could not find any authority for the mandate,” Blakeman went on to say. “We have to be very careful in America when a public official acts beyond the authority given to them by the constitution of either the United States or the state of New York and that seems to be the case here.”
BACKGROUND:
  • Gov. Hochul, along with Health Commissioner Mary Bassett, had issued the statewide mask mandate for schools and indoor businesses on Dec 10, 2021, sources note.

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