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BREAKING: New York State Supreme Court Judge Rules Statewide Mask Mandate Unconstitutional


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

Nassau County Judge Thomas Rademaker said neither the governor nor the state health commissioner had the authority to enact the measure.

Any such requirement must go through the New York State Legislature since the governor no longer has emergency powers.

The order last month by State Health Commissioner Dr. Mary T. Bassett at the behest of Gov. Hochul is null and void.

News 12 reported:

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According to a court document, Judge Thomas Rademaker said that neither the governor nor the state health commissioner had the authority to enact the mandate without the state Legislature, since the governor no longer has emergency powers.

The document says in part, “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. 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.”

The Buffalo News noted Gov. Hochul’s displeasure with the ruling:

β€œMy 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,” her statement said. β€œWe strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.”

Read the entire ruling by Judge Thomas Rademaker here.



 

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