January 25, 2022
LONG ISLAND — New York state residents are breathing a little easier today after the judiciary affirmed the legislature make laws, not the executive branch of government.
New York Supreme Court Justice Thomas Rademaker struck down the statewide mask mandate yesterday. Note that the “Supreme Court” in New York is a trial court. The New York Court of Appeals is the state’s highest court. Judge Rademaker cited Executive Law § 29-A, which the Democrat-led State Assembly and State Senate amended last March to strip then-Governor Andrew Cuomo of any further unilateral emergency powers. The law applies to all subsequent governors as well.
New York Commissioner of Health, Dr. Mary T. Bassett, promulgated 10 NYCRR §§ 2.60, 2.60(a), aka the statewide mask mandate, on December 10, 2021. It requires everyone over the age of 2 in the state to wear masks in public places. Governor Kathy Hochul enforced the mandate after declaring a disaster emergency in a November 26 Executive Order. But Hochul and the state subsequently admitted that there was in fact no disaster emergency in their answer to the instant lawsuit. The Petitioners in this case filed the complaint on behalf of all minor children and similarly-situated adults in New York.
Judge Rademaker struck down 10 NYCRR §§ 2.60, 2.60(a) because Governor Hochul tried to circumvent the new Executive Law § 29-A by excluding the mask mandate in her November Executive Order. Instead she enacted the mandate through the state health department. In short, Commissioner Bassett has no more authority to create laws than Governor Hochul. Further, this “emergency rule” was unlawfully enacted because there is no emergency. Thus it violates the State Administrative Procedure Act.
Governor Hochul must go to the legislature if she wishes to enact any further statewide mask mandates. Read the full court decision here.
What all this means?
Granted this decision is only enforceable in the state of New York. But this is an incredible victory for freedom and liberty during these dystopian times. California, New York, Oregon, and Washington State are very similar to Australia and Canada as far as COVID dystopia. The fact that a New York state judge actually applied the law to an unconstitutional mandate in a very liberal state is quite impressive. But there’s even more going on globally that almost seems a bit too good to be true.
U.K. Prime Minister Boris Johnson announced last week that all COVID restrictions in England, particularly mask mandates and vaccine passports, end this Thursday, January 27.
Not sure which is more surprising between the developments in New York and England. But the skeptic in this blogger wonders “what are these people up to?” Leave it to California to bring things back to reality. State Senator Dr. Richard Pan introduced legislation yesterday that would require all California K-12 school kids to receive mRNA injections. Regardless, the happenings in New York and the United Kingdom are significant no matter how you slice it.
New York Attorney General Letitia James filed an immediate Notice of Appeal after the ruling was published. The State Education Department is still enforcing mask mandates in schools pending said appeal. Erie County, where Buffalo is located, is also still enforcing a local mask mandate. Individual private businesses may also require masks for entry.
Governor Hochul said she “strongly disagrees” with the court’s ruling and vows to pursue “every option to reverse this immediately.”
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