A New York State Supreme Court judge on Monday evening ruled Governor Kathy Hochul’s mask mandate “unconstitutional” and declared it null and void.
The judge, who is out of Nassau County, said Hochul had no authority to enact the mask mandate without the state legislature because she no longer has emergency powers.
News 12 reported:
A New York State Supreme Court judge has struck down Gov. Kathy Hochul’s mask mandate for schools and public locations.
According to a court document, Judge Thomas Rademaker said that neither the governor nor the state health commissioner had the authority to enact the mandate without the state legislature, since the governor no longer has emergency powers.
The document says in part, “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. However, enacting any laws to this end is entrusted solely 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 take their case to the State Legislature.”