×

Please verify

Watch LIVE

NY Supreme Court judge strikes down Gov. Hochul's mask mandate as unconstitutional

News
Photo by Michael M. Santiago/Getty Images

The New York Supreme Court struck down a statewide mask mandate by Democratic Gov. Hochul on the basis that such an order would need to be debated and approved by the state legislature.

Nassau County Supreme Court Judge Thomas Rademaker said in the ruling that the mask mandate was unconstitutional because neither Hochul nor state health officials were empowered to issue such a command.

"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," wrote Rademaker in the ruling.

"However, enacting any laws to this end is entrusted solely to the State Legislature," he continued. "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 take their case to the State Legislature."

The judge made it clear in his ruling that he was not judging the "efficacy, need, or requirement of masks as a means or tool" of combatting the coronavirus, only the constitutionality of a mask mandate.

Hochul released a statement saying she would seek legal options to overturn the ruling.

"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," read the statement. "We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately."

Republican Rep. Lee Zeldin of New York praised the decision.

"We did it! A New York State Supreme Court Judge just ruled the Hochul Administration's statewide mask mandate as unconstitutional and a violation of New York State law," read the statement.

"Honored to have fought side by side with small business owners, parents, elected officials like Nassau County Executive Bruce Blakeman and so many others in fighting for common sense, freedom, and the full science as opposed to just partial science," he added.

Hochul issued the mandate in mid-December in response to a large spike in coronavirus cases in the state.

"The overreach of this statewide mask mandate that relies on partial science rather than all of it has been very widely and adversely felt throughout New York," concluded Zeldin, who is a candidate for governor.

Here's more about the mask mandate in New York:

New York Gov. Kathy Hochul Issues New Indoor Mask Mandate For Public Spaces www.youtube.com

Most recent
All Articles