NY Judge of the Supreme Court Rules Gov. Hochul’s Mask Mandate Unconstitutional
On Tuesday Jan. 25th, the New York State Supreme Court ruled that Gov. Kathy Hochul’s mask mandate is unconstitutional. Hochul enforced the mask mandate in mid-December 2021 citing an increase in COVID-19 cases attributed to the omicron variant, according to an In-Depth Investigate news report. Judge Thomas Rademaker documented in his decision that governor Hochul does not have the authority to impose the mandate, adding that the state legislature would have to debate and approve laws requiring masks or proof of vaccination in schools and all indoor public spaces statewide.
Despite Justice Thomas Rademaker’s ruling, businesses and school districts and other individual entities are still free to enforce masking. However, the ruling specifically applies to the statewide mandate issued by Gov. Hochul. After the ruling was announced some of the area school districts notified parents that they were choosing to continue the enforcement of their own mask mandates.
According to the New York Times, “On Tuesday afternoon (Jan. 25th), following a brief hearing, Justice Robert J. Miller, the state appeals court judge, sided with the state and granted the stay, effectively allowing the mask rule to go back into effect temporarily. Justice Miller scheduled another hearing on the matter for Friday morning.” The partial nature of Judge Rademaker’s ruling has left many confused and uncertain.
Parents and teachers were left with the responsibility of determining whether children would be required to wear masks in schools as officials suggested that the ruling did not supersede any local or federal rules around masking.
News Nation USA reported: “Before the stay was granted, some schools, especially on Long Island, where mask mandates have become particularly divisive, said they would take Justice Rademaker’s decision as license to shift their policies. They informed parents through late night and early morning posts on their websites and social media pages that masks would be optional for staff and students on Tuesday.”
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