Judge Hands New York Governor Hochul a Stunning Defeat: Strikes Down Her “Mask Mandate” as Unconstitutional

Judge Thomas Rademaker of Nassau County has ruled that New York Governor Kathy Hochul does not have the authority to impose her regime’s pretend “mask mandate.”  The state legislature has the authority to draft laws and not the governor.



The ruling can be read in full below:

New York Strikes Down Hochul’s “Mask Mandate” by Kyle Becker on Scribd

Governor Kathy Hochul attempted to impose the mandate via an unconstitutional maneuver. Since the emergency powers granted by the state legislature to the governor had expired, she issued a “declaration of emergency.”

Then Hochul instructed New York’s health department to issue mask “guidance” under the color of law, meaning that governor pretended that it had the force of law. It didn’t. Now a judge has made the right decision and struck it down.

Will the new Press Secretary be just as awful as Jen Psaki?*
This poll gives you free access to our premium politics newsletter. Unsubscribe at any time.
This field is for validation purposes and should be left unchanged.

Monday night, Governor Hochul released the following statement regarding 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. We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately.” 

Congressman Lee Zeldin (R, NY-1), who has been named the presumptive nominee for Governor of New York by both the New York Republican and Conservative Parties, issued this statement:

“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. 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.

“Just yesterday, I heard a taxpayer funded Public Service Announcement featuring a medical expert telling the public that the CDC no longer recommends the use of cloth masks. However, Governor Kathy Hochul has continued to force New York children as young as 2-years-old to be masked up all day long two years into a pandemic that has harmed kids physically, developmentally, mentally and emotionally. Enough, and it’s not just in our schools. 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.

“While Hochul refers to New Yorkers as her ‘apostles’ and compares having to wear a mask all day long to wearing sneakers, the fact is that New Yorkers know best, despite the Governor’s ‘Hochul knows best’ arrogance.”

New York has been turned into a lawless mess since the very beginning of the Covid pandemic. The judge’s ruling on Monday night is at least one small step in the right direction to restoring the rule of law.

The Wildfire Newsletter is a free and paid subscription service provided by independent journalist Kyle Becker. Never miss an issue!

Notice: This article may contain commentary that reflects the author's opinion.