Here's from an email I received from the Autism Action Network:
NY Court overturns Hochul mask dictate, Gov. directs schools to disobey Court order
Yesterday, Nassau County Supreme Court Judge Thomas Rademaker overturned un-elected New York Governor Kathy Hochul’s December order requiring masks in workplaces, schools and indoor public areas. Following the court’s decision Hochul issued a statement to school districts directing them to disobey the court order and continue requiring masks.
Rademaker ruled that the Governor does not have the power to create what is in effect a new law, and is therefore unconstitutional. The law "was promulgated and enacted unlawfully by an Executive branch state agency, and therefore void and unenforceable as a matter of law," Rademaker wrote. "Enacting any laws to this end is entrusted solely to the State Legislature.”
Hochul’s office issued a statement yesterday that there would be an automatic stay on the order issued by the Appellate Division, and therefore her order was still in effect. Except that is not how our system works. Rademaker’s order is in effect until it is overturned by a higher court and no higher court has made a ruling yet. It is not clear if the Governor has filed an appeal. And the Governor is presuming her appeal will be granted.
Here's from an email I received from the Autism Action Network:
NY Court overturns Hochul mask dictate, Gov. directs schools to disobey Court order
Yesterday, Nassau County Supreme Court Judge Thomas Rademaker overturned un-elected New York Governor Kathy Hochul’s December order requiring masks in workplaces, schools and indoor public areas. Following the court’s decision Hochul issued a statement to school districts directing them to disobey the court order and continue requiring masks.
Rademaker ruled that the Governor does not have the power to create what is in effect a new law, and is therefore unconstitutional. The law "was promulgated and enacted unlawfully by an Executive branch state agency, and therefore void and unenforceable as a matter of law," Rademaker wrote. "Enacting any laws to this end is entrusted solely to the State Legislature.”
Hochul’s office issued a statement yesterday that there would be an automatic stay on the order issued by the Appellate Division, and therefore her order was still in effect. Except that is not how our system works. Rademaker’s order is in effect until it is overturned by a higher court and no higher court has made a ruling yet. It is not clear if the Governor has filed an appeal. And the Governor is presuming her appeal will be granted.
Lets see how this plays out.
Lets see how this plays out.
(post is archived)