Judge rejects New York Covid mask mandate — Analysis
Judge ruled that the governor does not have the power to make public requests for people aged 2 and over to cover up.
New York Governor Kathy Hochul’s order for everyone to wear masks in public was shut down by a New York State Supreme Court judge, who ruled that such decisions must be passed by lawmakers instead.
Judge Thomas Rademaker ruled Monday that the New York State Legislature is the only entity with the necessary power to adopt the mandate. It would require every New Yorker above the age of 2 to use a mask to go to school and public places.
“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,”Judge noted. “However, enacting any laws to this end is entrusted solely to the State Legislature.”
Judge Rademaker stated this “while the intentions”Mary T. Bassett, New York’s Health Commissioner Mary Hochul “appear to be well aimed squarely at doing what they believe is right to protect the citizens of New York State,”The two officials “must take their case to the State Legislature.”
“To allow such agency law making would result in laws being changed at the whim of every new Commissioner who could then be said to be beholden to their appointer,”Judge Rademaker made this observation. “But also it would surely result in a lack of representative government wherein only a select few appointees of the Governor make the laws.”
This is the antithesis to constitutionally established representative governments
Governor Hochul stated that she will fight to reverse the decision of the court and not accept the mandate from the State Legislature.
“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,”She made the statement in a statement.