Judge Strikes Down Mask Mandate in New York, Rules It “Unconstitutional”

Judge Strikes Down Mask Mandate in New York, Rules It

(TargetLiberty.org) – New York’s new governor has run into trouble with the courts after her latest mask mandate was struck down by a judge. It’s the latest in a series of legal blows to the Democrats’ drive to restrict liberties.

On December 31, New York Governor Kathy Hochul (D) mandated the wearing of masks in public indoor spaces, including schools and public transport. Controversially, she did it by getting the state health department to issue an emergency rule – because last year, the New York legislature reined in the governor’s emergency powers, meaning she couldn’t do it by executive order.

On January 24, a New York State Supreme Court judge ruled the mandate was unconstitutional, because Hochul had circumvented the legislature to impose it. Judge Thomas Rademaker said he wasn’t commenting on the efficacy of mask mandates, just on its legality – and neither the governor nor the state health commissioner has the authority to enact mandates without the legislature’s approval.

Hochul hit back quickly; NY Attorney General Letitia James filed a motion, and on Tuesday, the court’s appeals division stayed the ruling.

The mask mandate is still in place for now – but there’s another court hearing scheduled for January 31 to decide if the stay can be renewed in February. It can be difficult to keep up with court decisions, but regardless of the back and forth actions, legal opposition to mandates is mounting across the country.

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