New York Governor Kathy Hochul’s order that everyone wear masks in public was struck down by a New York State Supreme Court judge, who ruled that such decisions must be approved by lawmakers.
Judge Thomas Rademaker ruled Monday that the New York State Legislature was the only body with enough power to pass the mandate, which would require all New Yorkers over the age of two to wear a face mask in public places, including schools.
“There can be no doubt that every person in this state hopes, wants and prays that this era of COVID ends soon and they will surely do their part to make it happen,” the judge said. “However, the enactment of any law to this end is entrusted solely to the State Legislature.”
Judge Rademaker said that “while the intentions” of Governor Hochul and New York Health Commissioner Mary T. Bassett “appear to be well aimed squarely at doing what they believe is right to protect the citizens of the state of New York,” the two officials “must take their case to the State Legislature.”
“Allowing that agency to create laws would result in laws being changed at the whim of each new commissioner, who could be said to be beholden to his nominator,” Judge Rademaker said. “But it would also surely result in a lack of representative government in which only a few appointees appointed by the Governor make the laws.”
Gov. Hochul said she would fight to overturn the court’s decision rather than take the mandate to the state Legislature as advised.
“My responsibility as Governor is to protect New Yorkers during this public health crisis, and these measures help prevent the spread of COVID-19 and save lives. We strongly disagree with this ruling and are seeking all options to reverse this immediately,” he said in a statement.