Samuel Case, FISM News
The New York State Supreme Court ended governor Kathy Hochul’s mask mandate on Monday, arguing that she had overstepped her authority by not getting approval from the state legislature.
“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 Thomas Rademaker wrote.
“However, enacting any laws to this end is entrusted 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 make their case to the State Legislature.”
Governor Hochul responded in a statement saying: “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.”
On Dec. 10 Hochul brought back the statewide mask mandate, forcing New York businesses to require masks for employees and customers or face a fine of $1,000 per violation. Originally the mandate was set to expire on Jan. 15, but Hochul later extended the end date to Feb. 1.
The New York ruling is similar to the district court decision in Texas that ended President Biden’s vaccine mandate for federal employees last week. In that case Judge Jeffrey Brown argued that the question was not about the mandate itself, but “is instead about whether the President can, with the stroke of a pen and without the input of Congress, require millions of federal employees to undergo a medical procedure as a condition of their employment.”
Meanwhile, the state Education Department is ignoring the ruling by still enforcing its mask mandate for schools, arguing it can do so because the Department of Health plans to appeal the ruling.