The New York Supreme Court struck down a statewide mask mandate by Democratic Gov. Hochul on the basis that such an order would need to be debated and approved by the state legislature.
Nassau County Supreme Court Judge Thomas Rademaker said in the ruling that the mask mandate was unconstitutional because neither Hochul nor state health officials were empowered to issue such a command.
“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,” wrote Rademaker in the ruling.
“However, enacting any laws to this end is entrusted solely to the State Legislature,” he continued. “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.”
The judge made it clear in his ruling that he was not judging the “efficacy, need, or requirement of masks as a means or tool” of combatting the coronavirus, only the constitutionality of a mask mandate.
Hochul released a statement saying she would seek legal options to overturn the ruling.
“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,” read the statement. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”
This is an excerpt from TheBlaze.
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