BREAKING: New York Judge Strikes Down Governor's Mask Mandate

AP Photo/Seth Wenig

A Supreme Court judge in Nassau County, New York, ruled on Monday that a new mask mandate by Governor Kathy Hochul is illegal, saying that neither the governor nor the state health commissioner have the actual authority to enforce any such mandate.

Via National Review:

The mask mandate has been in place since mid-December, when the state saw a surge in the highly transmissible Omicron variant.

“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,” Rademaker wrote in his decision. “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.”

The ruling was celebrated by county executive Bruce Blakeman, who was at the forefront of the fight.

Hochul, in a fiery statement, vowed to appeal the ruling, saying “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,” she went on to say.

The mask mandate applied to New York schools but was seen as controversial by several politicians in the state, like Congressman Lee Zeldin.

The mandate was put in place back in December and applied to all schools in the state. The state’s court of appeals will be the next battleground for this legal fight.