An appeals judge restores New York’s mask mandate a day after a judge in a lower court ruled that Gov. Hochul’s administration lacked the constitutional authority to order people to wear face coverings during the Covid-19 pandemic.
After hearing brief arguments, Appellate Division Justice Robert Miller granted the state’s request to keep theHe offered no opinion on the mandate’s legality.
“Nearly three years into the COVID-19 pandemic, we know that wearing a mask saves lives. This mandate and today’s decision are critical in helping to stop the spread of this virus and protect individuals young and old,” James said. The mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” the judge said.
“Masks are not mandatory for students, period. Yet Kathy Hochul is still trying to force young children to wear a mask in school, shamefully disregarding the rule of law,” Stefanik said in a news release issued before the appeals court acted.Arguing before Miller on Tuesday, Judith Vale, an attorney for the state, said that if Rademaker’s ruling were left it place it would endanger people’s health.
“The judge got it wrong entirely,” he said of Miller’s decision to put Rademaker’s on hold until the appeals court has a chance to hear more detailed arguments.
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