A New York judge rules that the state's mask mandate is unconstitutional and can't be enforced.

[brooklynite]

Source: New York Times

A New York State judge ruled on Monday that the state’s mask mandate was enacted unlawfully and is now void, according to court documents.

In December 2021, amid a winter virus surge, Gov. Kathy Hochul renewed a mask mandate at all indoor public places throughout the state — including schools and nursing homes, and on public transit — to last a month. The state Health Department then extended the mandate an additional two weeks, to expire Feb. 1.

In his decision, State Supreme Court Justice Thomas Rademacher wrote that Ms. Hochul and state health officials lacked the authority to enact the mask mandate without the approval of state lawmakers. Regardless of the “well aimed” intentions of state officials, this is “entrusted solely to the State Legislature,” Justice Rademacher wrote.

The state attorney general’s office is planning to appeal the ruling. And Emily DeSantis, a spokeswoman for the state Education Department, said the state Health Department would appeal, which would automatically restore the mask rule until an appellate court issues a ruling.

Read more: https://www.nytimes.com/live/2022/01/24/world/omicron-covid-vaccine-tests/a-new-york-judge-rules-that-the-states-mask-mandate-is-unconstitutional-and-cant-be-enforced

[Alexander Of Assyria]

1. N.Y. State Judge Kicks Off Appeal Bowl by Punting Science

[NullTuples]

2. Judges who trust Legislatures to move at the speed of virus spread scare me

[Jose Garcia]

15. The pandemic has been going on for almost two years

[NullTuples]

21. Which means at most TWO adjustments to laws

That is why Legislatures empower regulatory agencies, to react quickly and with the specialized knowledge Legislators do not have.

[OAITW r.2.0]

3. Love to see your comment on this. nt

[JBGraves]

4. Wasn't this judge a former boxer? n/t

[cadoman]

5. a constitutional amendment seems like a good quick option to fix this

We have the votes for this right? I think most NYers would be ecstatic to see a permanent legal enforcement of the masks as well as vaccines.

Just make it part of state law that to be in NY you must have all your medical requirements up to date on your vaccine passport. It would also make the state well-prepared for any future issues that need central medical planning.

[Polybius]

7. I don't know about permanent

Mask mandates for life seems a bit much.

[MichMan]

9. Amendment stating what?

That the governor has the sole authority to determine any and all medical related requirements as he or she sees fit, and any violators will be deported from the state?

[cadoman]

25. yes

Maybe add some stipulation that the action has to be backed by the scientific consensus? I don't know what more would be needed, and I think it'd get broad support.

We can't just sit around waiting for people to do the right thing. We all agree we need mandates to get the gqp vaccinated and masked so we can end this fucking hell. They're never going to do it out of the goodness of their heart, and until they're forced to do so they'll be creating new mutants and endangering the rest of us.

[brooklynite]

14. Constitutional Amendments require two years and a public vote...

All of the election reform amendments were voted down last year.

[sakabatou]

6. OFFS!

[Cryptoad]

8. U can lead them to da door of the Temple

but can't make them pass in!

[SuperCoder]

10. Sigh.

Just frustrating that we have to deal with uneducated stupidity at all levels.

[FBaggins]

11. Reminder when considering NY court rulings...

... "State Supreme Court Justice" is not the top of the court food chain in NY.

[bucolic_frolic]

12. I take this to mean an invasion by a foreign army would render the Governor powerless?

[twodogsbarking]

13. We lived in the woods for eleven years and had a bug zapper.

I tried to tell the bugs the zapper would kill them but they wouldn't listen. zzzzzitt

[rockfordfile]

16. The judge is a right-winger. Tells everything when it comes to American lives.

Where the f does this judge get that the state health department can't extend a mandate that's about the health of the people?

[ificandream]

17. Can't believe how stupid we're being on this.

People are fucking dying. That should be enough. But nooooooooooooooooooooooooooooooooooooo.....

[Shrek]

18. The headline is misleading

From what I have read so far, the judge did not raise any constitutional issues. According to CNN the ruling is grounded in state law:

https://www.cnn.com/2022/01/24/us/new-york-state-mask-mandate-ruling/index.html

"While the intentions of Commissioner Bassett and Governor Hochul appear to be well aimed squarely at doing what they believe is the right to protect the citizens of New York State, they must take their case to the State Legislature," Rademaker wrote.

"Should the State Legislature, representative of and voted into office by the citizens of New York, after publicly informed debate, decide to enact laws requiring face coverings in schools and other public places then the Commissioner would likely be well grounded in properly promulgated and enacted rules to supplement such laws."

"To be clear, this Court does not intend this decision in any way to question or otherwise opine on the efficacy, need, or requirement of masks as a means or tool in dealing with the COVID-19 virus," the judge wrote. "This Court decides only the issues of whether the subject rule was properly enacted and if so whether same can be enforced."

[melm00se]

19. In many cases, the Courts

are looking at things like this from a long term basis and the precedents that can be set by (in)action.

Removing the COVID specifics: is it OK for a chief executive to enact a de facto law bypassing the legislative branch which has the sole power to create and pass legislation?

Just pause for a moment and think about this and I mean really think about it. Can you envision a situation where this power could/would be abused?

[Marcuse]

20. This should not have be problem for the NY Legislature.

[inthewind21]

22. So

This means I can start eating out topless and barefoot right? If a mask is unconstitutional then surely clothing is as well. See ya "No shirt, no shoes, no service signs! For now, I'll just start out with no pants. No one is requiring pants so clearly they are optional. LOL

[hlthe2b]

23. So damned sick of politicians and judges with absolutely no understanding whatsoever of science,

medicine, public health, epidemiology making these calls. It is obscenely arrogant, incompetent, and in total disregard for the health and safety of those they serve.

[Eugene]

24. Judge leaves New York indoor mask mandate in place, for now

Source: Associated Press

Judge leaves New York indoor mask mandate in place, for now

By CAROLYN THOMPSON
January 25, 2022

A New York appeals judge left the state’s indoor mask mandate in place Tuesday while Gov. Kathy Hochul’s administration appeals a lower court’s decision to overturn it.

Judge Robert Miller granted the state’s request for a stay of a Long Island judge’s ruling Monday that the governor and health officials lacked authority to require masks.

Arguing before Miller Tuesday, Judith Vale, an attorney for the state, said judge Thomas Rademaker’s ruling would “radically disrupt the status quo” and endanger the health of students and staff at schools.

“The order, if not stayed will allow individuals to refuse to wear face coverings in indoor public settings where the risk of COVID-19 spread is high, including in schools where many children remain unvaccinated against COVID-19,” the state’s court filing said.

-snip-

Read more: https://apnews.com/article/coronavirus-pandemic-health-new-york-education-9411c873bd7f268b7a052cc063a9cafd