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New York State Supreme Court Judge Strikes Down Statewide Mask Mandate

The New York Supreme Court Judge ruled Monday that the Governor Kathy Hochul mask mandates regarding schools and public places were null and unenforceable. 

On December 10, Hochul reinstitutedThe New York Department of Health published rules that required masking at all public schools. This was in addition to most places generally, except where they needed proof of vaccination. Hochul granted an extension to the mandate. New Year’s EveThe mandate will be extended to February 1. 

He DecisionThe case was filed by several New Yorkers and concerns the state department of health. Justice Thomas Rademaker, New York Supreme Court, Nassau County, wrote in his opinion that Hochul and state health commissioner were not authorized to adopt the measure. He also stated that the state legislature has the right to make such a decision. 

The New York Senate passed legislation in March 2021 that prohibited New York Governors from issuing mandates to governors other than those under a state emergency.

Rademaker stated that “it is obvious that the Legislature of New York State is the branch of government that is responsible for enacting laws, and that it is up to the Executive branch of government that is responsible with enforcing those laws.” Rademaker expressed concerns about the possibility of non-elected officials performing the legislative work. 

According to the decision, “To permit such agency law making would mean that laws could be changed at the whims of every new commissioner who could then be considered to be beholden their appointor.” But it will also lead to a dearth of representative government in which only a handful of Governor-appointed officials make laws. 

Letitia James, New York Attorney General filed Monday night a notice in support of the appeal. On her behalf, she also made this announcement. Twitter account. Hochul released the following: StatementShe expressed “strong disagreement” about the decision and declared that she would pursue “every possible option” to overturn it. 

Hochul declared, “My obligation as Governor of New York is to protect New Yorkers through this public healthcare crisis. And these measures help stop the spread COVID-19 and rescue lives.”

New York’s state-wide mask law for public places is nullified by the ruling. But, the ruling does not remove local mask requirements. 

Eric Adams, Mayor of New York City The mask mandate will remain in effect for schools throughout the city. He said, “It’s unfortunate it was struck down. I think those jurisdictions using it to remove mandates make a huge mistake.”

At the very least, 20Long Island’s school districts made mask-wearing an option. The following districts are examples: Plainedge, Massapequa and North Merrick.

Deeply politicized is the science of masking schoolchildren. You can see the full article here. ReasonIt has reportedSome studies cited widely by the CDC as “junk science” have been widely reported. It is also very contagious. MilderThe COVID-19 vaccine has a better record of protection than the earlier strains. There are many optionsFor anyone over 5 years of age