This is a very good thing. A New York State Supreme Court has blocked the unilateral state-wide mask mandate of Governor Kathy Hochul and state Health Commissioner Basset. The legal reasoning is very important. NY Supreme Court Ruling HERE.
The authority of the New York governor and health commissioner, provided by the declaration of a state emergency, has expired. With that expiration any/all mandates from the office are invalid; all requirements for public health -such as the mask mandate- MUST come from the legislative body.
According to the ruling, Judge Thomas Rademaker said that neither the governor nor the state health commissioner had the authority to enact the mandate without the state legislature, since the governor no longer has emergency powers. [full pdf here]
Don’t Biden’s self=granted disaster powers under one of his executive orders expire in a few weeks? I looked it up once but now cannot recall the expiration date.
Does not matter mandates do NOT apply to citizens. Never have.
You know this, we know this but look around there are millions of lemmings.
I think it was supposed to expire in January, but they postponed for a few more months.
Best I can find, the covid emergency declaration was extended through January 16, 2022 and is now expired.
There are two national emergency declarations over COVID. Both are currently active.
the HHS declaration, I think 90 days, extended many times, last extension signed 1/14/22.
Renewal of Determination That A Public Health Emergency Exists (hhs.gov)
The Presidential Declaration, lasts a year, last extended on 2/24/21, to be effective 3/1/21.
Notice on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic | The White House
FJB will be up to renew his next month.
HHS has kept the opioid epidemic emergency going since 2017. Welcome to the world of never-ending emergencies.
https://www.phe.gov/emergency/news/healthactions/phe/Pages/default.aspx
The Court missed the forest for the trees.
The state can’t ‘lockdown’, ‘socially distance’ or’ mask’ anyone until a magistrate—“after due notice and a hearing”—finds that “the afflicted person is a source of danger to others,” and quarantines “said person to [a] hospital or institution.”(NY Pub Health L § 2120) Only then, under NY Pub Health L § 2121, can the state impose a duty of discipline on the individual with social distancing and masking mandates.
The courts usually do and not by accident!
I read “state Health Commissioner Basset” as Stealth Commissioner Basset.
Kathy Hochul is a Lawyer….She knew he actions were Unconstitutional….Hochul should be disbarred and her Law License revoked permantley….
As fas as Health Commissioner Basset…She’s another Ivy league Democrat Zealot of Harvard and Columbia University….
Way to coincidental that these same Ivy league schools are always linked with these corrupt, unethical politicians(mostly Lawyers) and unelected corrupt Bureaucrats…
She should also be impeached and removed from office.
Fat chance- this is NY after all! Land of the freak, home of the depraved.
james: I believe that the word that you are looking for is sociopath.
https://www.nbcnews.com/news/us-news/16-ivy-league-elite-universities-sued-alleged-financial-aid-conspiracy-rcna11643
Many are also under investigation for undisclosed foreign $$$$$.
Regarding Hahvad….
Have always said that they should do a two fer upon graduation from
that satanic institution.
Hand out the diploma, then photograph them for the future police line up.
Let the lawsuits begin…
Bolsheviks gonna Bolshevik.
One can hardly call herself a “Professional” if said person is unwilling to hold others in that profession to the highest standards.
Such “Professionals” merely had the funds and time to complete specific courses and enough connections to be licensed.
BS doesn’t always stand for Bachelor of Science.
LLD doesn’t always mean Doctor of Laws, does it, Liberal Lying Dorks!
Just the other day, I was listening to a local radio show host talk about our legislature.
If I remember correctly, he said that the NYS legislature hasn’t voted down a single bill in something like the last 14 years.
The leaders don’t allow a bill to get to a vote without first ensuring that it has enough support to get the minimum number of votes necessary to pass.
Mandate legislation will either be passed quickly or it will never see the light of day.
I pray it’s the latter, as well as for serious limitations on the granting of emergency powers.
That’s exactly what I thought will happen. The legislature will pass this for her ASAP if they are told to. It will be interesting to see if she pushes for it being the way the American people are pushing back and NYers clearly see how the free states are handling covid and eliminating mandates. She knows she is way behind most other states in freeing the people from these unconstitutional mandates for masks and vaccines. What will she do.
Well, Florida went the other way. Their state legislature passed actual legislation (not just the Governor’s EO’s) that prohibits vaccine mandates, lockdowns and masking. They backed up their Governor and the people of Florida.
I’m not so sure. The sponsor of A416 withdrew the proposed law after powerful negative response from constituents. That law would have authorized internment camps for people suspected of being a danger to the public health.
In response, the health commissioner is now proposing to amend state health regulations to establish isolation and quarantine confinement, at home, in state facilities, or in a hospital, for the flimsiest of reasons. These new regulations also include mask mandates, apparent limitations on those allowed to visit patients in health facilities, mask mandates, and permanent covid vaccination requirements for every employee of any health facility. Except for the vaccination mandate, these proposed regulations would cover “highly contagious communicable diseases,” with no qualification concerning epidemics. The health commissioner could thus decree mask mandates and incarceration for a bad flu season. And there are no restrictions on how long a person can be incarcerated.
The judge’s decision seems to me to preclude such regulations, but it would be lovely if someone more knowledgeable than I would weigh in on whether we need to be concerned about these proposals.
Thank you!!!! I can’t tell you how much I hate that mask and all the mandates here in New York. The vaccine and masks did not stop me catching COVID-19. I spent Christmas and New Year’s with it. I have been arguing for 2 years about the uselessness of masks against this virus. And the vaccine never prevented infection regardless of the b.s. put out by the Democrats. I am done with all this COVID-19 mess.
The boot stays on our faces until we Stand Up.
Ironically masks can work for regular Flu, but they told people for years ( I believe knowingly) that masks didn’t prevent flu…evil S.O.B’s
Virtually every relative I have got these shots. They all came down with the Product 19. The bug doesn’t care what cocktail you injected as it only recognizes antibodies and T cells derived from a prior infections. My niece tested positive on three different occasions, and she’s the vaxx cheerleader of the family.
This happened in Kentucky and the legislature then passed a law that stopped additional mandates. The governor vetoed it. Legislature overrode the veto. Governor acted like he would do it again anyway and the AG said don’t try.
Thank God for super majorities in the legislature and a solid conservative AG.
One of the acts passed by the legislature was to give local school boards the authority for mask mandates. It was roundly criticized as many conservative organizations wanted a blanket ban from the state. The legislatures voted to trust local rule. A local paper did a survey that showed that the vast majority of school boards said the legislature changed nothing and the mask mandates would remain in place. The national press made a big deal out of it. However, none of the school boards had a chance to publicly meet, discuss and vote on whether they would keep them in place. It took about a month for all of them to meet and decide and parents were out in force. In the end fewer than 10 of ~170 decided to keep them. Another win.
Something like that happened in Wisconsin too. Although the gov vetoes everything else they bring forth, he no longer has control over locking the state down.
New York is a one party state.
Thank God that vile Skeletor-Hag was shut down!!!!
Vampira of Manhattan!
This is fantastic news but it shows that ALL of our state legislators are incompetent, lazy, useless ASS CLOWNS.
All of the work that is being done to save New York is being done by the grass roots organizations of people all over the state. I hope that tomorrow NO CHILDREN WEAR MUZZLE MASKS TO SCHOOL!
I am hoping and praying that the Legislators continue their laziness and let this ruling stand.
I long for the day that I can again see the smiling faces of children in California. It is so wrong, so sad, what these progressive communists are doing to the children.
schools sent notice immediately….continue to wear masks…ruling is being appealed
Jordan Peterson has been talking about feminine totalitarians. Looking into Kathy’s crazy Democrat apparatchik eyes, he’s on to something.
These women have serious problems. I worked for several women and only had one who wasn’t psychotic.
Biblically speaking it’s during times of distress when women lead. The nation is crumbling.
Supreme Court in NY is a trial court, not an appellate court…. FYI
I LOVE your screen name.
Whoa! When the NY supreme court reverts to actual rule of law, you know that EVERYONE has sensed the tide has changed.
I knew something was up when the new Nassau county executive held a press conference a couple of weeks ago. He said he would not enforce the masks or lockdowns .
I went into a restaurant last week and nobody wore masks, not the staff nor the customers. The place was packed. I haven’t seen that in almost two years.
And I’ll bet that 80 percent of the place already had Omicron too. It’s everywhere. That’s what red pilled everyone, because the injected all got it, just like everybody else! And it was just a cold.
But Manhattan is whole nother story. I don’t know how they can stay in business without lifting the transhuman passports!
Now do Illinois.
Here in the Peoples’ Republic of Washington, no one in the Legislature thought it necessary to include a time limit on the Governor’s “Emergency Powers” evidently assuming that no one would be insanely tyrannical enough to refuse to relinquish them after almost TWO YEARS! Oops! Guess no one ever anticipated Jay “I am Science” Inslee being in the Governor’s Mansion….complete with a Democratic Majority in both Houses and a sycophantic media that refuses to ask him ANY questions or challenge ANY of his directives, even as crime skyrockets, the passes are covered with snow, and the ferries are barely running! Grrrr!!
Limitless Emergency Powers granted by and to such nutcases doesn’t sound like an oversight.
EEEEEE! MY EYES!!!
At least she/it has a hairdresser.
I swear I can pick out a liberal just by the bat-sh@t crazy, demon-possessed look in their eyes. They make my hair stand up on end. God is not going to be pleased.
Where have I seen eye brows like that? Must be a Dembitch thing
Justina Trudeau, but his were fake. 🤣
Quebec journalist flees the lockdown and goes on vacation in Florida.
Then complains about all the freedom in Florida. Lol
Leftists need to be locked down IMO.
https://trendingpolitics.com/hello-canadian-journalist-flees-lockdown-to-florida-then-complains-about-lack-of-covid-restrictions-ethom/
Ungrateful wretch. Stay in Canada then.
Florida has been open for a whole year already. And their Covid case count plummeted when the labs were ordered to stop running false positive test cycles on purpose.
The state is full of seniors and tourists and spring breakers. And everybody’s doing just fine now.
The Left sees the grass is greener on the other side, then for lack of gratefulness turns it into a desert.
… then claims in outrage: “climate change!” …
Hallelujah, although this should have happened a long time ago.
Hochul is ugly one bat-chit-crazy Karen. She makes the Karens in Australia and New Zealand look like Margaret Thatcher!”
Hochul knew she didn’t have the power to impose mask mandates and didn’t care about individuals civil, legal, or constitutional rights.
The New York State Department of Education (NYSED) issued a statement Monday telling schools to continue following Democratic Gov. Kathy Hochul’s mask mandate after a state Supreme Court judge struck down the rule.
Why it matters: The agency pointed to a case in Albany County where a state Supreme Court judge denied a challenge from two school districts, ruling that Hochul and the state’s health commissioner have the authority to enact a mask mandate in schools.
The state Department of Health will appeal Monday’s decision, which will “result in an automatic stay that will unambiguously restore the mask mandate until such time as an appellate court issues a further ruling,” NYSED said in a statement.
From Axios
Kids need to refuse to wear the muzzles en masse.
Not the kids’ battle, it is the parents’ battle. Fight it.
Judge even provides the state with the road map explaining how to and encouraging them to make a real illegal law.
Why the HELL doesn’t somebody file suit against the federal mandates for the same reason? Make them define emergency and put data into evidence to prove it, which could then be challenged on the merits. That might force SCOTUS to use their “narrow rulings” to stop this crap without expecting them to actually consider whether ANY mandate was Constitutionally valid at all, which we know they have zero intention of addressing.
they have and are working their way through the courts. Many judges old and scared and drank the koolaid.
Tarring and feathering this miscreant just doesn’t seem enough in my mind.
Perhaps Kovacs (from the book “Altered Carbon”) could give us some pointers.
Never saw the movies, only the books do it justice.
Hochul!
The sound human nostrils produce when ejecting a large body of snot from the nose, particularly during a bout of the Cootie19 flu.
That’s amazing news!
“…an improperly enacted law that is void ab initio…”
Perfectly stated!
Not to rain on anyone’s parade, and not to suggest that the ruling is helpful, BUT, in the NY Court system, the “Supreme Court” is the “trial level.” The New York Court of Appeals is the “supreme” court of New York.
…and you know who is on The New York Court of Appeals. If you think that Hochul is bad you ought to see the trolls who set free a convicted murderer because his mother wasn’t able to get a seat in the overcrowded courtroom for jury selection because the murder was so sickening!
As BDCal and Reasonsformoving have pointed out, this decision is from a local Nassau County “Supreme Court” (one judge) and is actually the LOWEST court in the NYS judicial system. The decision is appealable to the Appellate Division, and then the Court of Appeals, the State’s highest court. So stay tuned, this is far from over as the way Sundance billed it.
C’mon Man! Walk into any legislature in NY, IL or CA with cash, young kids and perks; you’ll get legislation PRONTO!
What is it abt demoncrat females (piglosi, whitmer, harris, freid, hildabeast, cheney) that once elected, their hunger for control and power becomes insatiable. And then they all end up resembling the ass-end of a donkey. This Godless creature said she would fight until she wins… stick a fork in it!
Wait, I am not queen of NY? What did they say?
“*The* New York State Supreme Court” in Sundance’s first paragraph is misleading. Better wording would be “*A* New York State Supreme Court,” because in NY, “Supreme Court” means a LOCAL COUNTY court, of which there are MANY. In every state except NY, “State Supreme Court” is the highest court in the state, but in NY, the highest court is called the Court of Appeals.
Sundance changed the text as you suggested in the first paragraph, but should have changed the headline which has no article preceding “New York Supreme Court….”.
Better to have headlined “Nassau County NY Supreme Court….
As another commenter later on noted, the “communist” Court of Appeals will reverse and stay the injunction.
Of course the tyrant governor is swearing she’ll fight it. I don’t know, is the SC of NY doing the residents any favors? Do they even want to be saved? They voted for her. I do feel bad for the rural residents but I think many places were refusing to comply to begin with.
Don’t get me wrong, this is good. But I think with the Pennsylvania monkey incident a few days ago we’ll see a new “variant” occur which will either be more cover for vaxx deaths or the new plague Bill Gates of Hell was oh so kind to warn us of.
“New York Supreme Court Strikes Down Mask Mandate”
This is true, but it’s not what you might think it means. In New York, all state courts are referred to as “Supreme Courts.” This is different from elsewhere in the country. The highest court in NY is the New York Appeals Court, and this is where it will ultimately be decided.
One judge in Nassau County correctly found the mask mandate unconstitutional. His ruling invalidates the mandate statewide, on the basis that all NY mask mandates are unconstitutional because they are not laws, they have not been passed by the NY legislature, signed by the executive and been reviewed by NY courts.
The Communist governor will appeal immediately and almost certainly get a stay of this order, because the NY Appeals Court is reliably communist itself. This will end in the US Supreme Court many months from now, but the mask mandate will be back in a day or two.
Such is life in communist New York.
From the photo, it appears that NY and MI selected governors from the same coven.
This is when Governor Kathy Hochul tells businesses to ignore the courts and do “the right thing.”
almost immediately issued directions to continue masking
This garbage is crumbling quicker than a lesko brandan news conference.
This decision is important but I am focusing on a more significant legal challenge with far more reaching implications than what Sundance has outlined here.
Last week, Cornell Law Professor William Jacobson, and owner of the blog Legal Insurrection, filed a class action lawsuit.
Jacobson is the plaintiff in a suit filed in the United States District Court in and for the Northern District of New York.
He is seeking, among other things, a declaration that the State of New York’s recent directives based on racial preferences and skin color in the distribution of Covid therapies ( i.e., monoclonal antibody therapeutic medicines) are illegal and seeks an injuction ordering New York State to stop this practice of medical racism.
The lawsuit is against Acting Commissioner of Health Mary T. Bassett, in her official capacity.
https://legalinsurrection.com/2022/01/im-suing-to-stop-new-yorks-racially-discriminatory-covid-therapeutic-guidelines/
Was the NY vaccine passport passed through the insane legislature?
no
The Democrat party is drive by Toxic Estrogen.
Am SO stealing those two words!
Just a temporary set back for the cultural marxists.
NY State judiciary are State socialists to their bootstraps.
The State socialists in govt will get the outcome they want ….momentarily.
One note on naming conventions in New York.
The NY Supreme Court is not their highest Court.
Their highest Court is the NY Court of Appeals.
So, this is a great decision, but not necessarily a final one.
John in Indy
She may want to consider NOT running for Governor when the time comes since there will be a lot of us reminding New Yorkers of who she really is. You would think that since she was not elected by the people that she would have at least tried to work for the people vs constantly issuing tyrannical orders.
Of course, the question remains, WHY did Hochul allow the state of emergency to lapse? Did she just forget? Or was this done purposefully? Assuming it was the latter, the ‘why’ question remains. It is somewhat logical to assume that, since the ‘Great Reset’ has now morphed into the ‘great Narrative’, it would appear that the powers that be are reassessing just how to get to their final endgame. The Great Reset has hit a number of obstacles, so it is time apparently to regroup. If these are orders that have come down from on high, it will be interesting to see if countries like Austria and Australia follow suit. It seems that we are now in the throes of the ‘Great Pivot’….perhaps pivoting now to the climate change agenda. Be vigilant, my friends…..this is far from over.
didn’t lapse, was removed from her by NY congress
Want to provide a link for your info? Hochul’ s state of emergency had been extended until January 15. The question is why this wasn’t renewed. I don’t see anything indicating that the NY Congress removed her ability to extend it.
Go to Brave browser. Search for masks+pneumonia+1918+Fauci. You will see this article.
https://www.nih.gov/news-events/news-releases/bacterial-pneumonia-caused-most-deaths-1918-influenza-pandemic
Bacterial Pneumonia Caused Most Deaths in 1918 Influenza Pandemic, August 19, 2008 News Release –
“The weight of evidence we examined from both historical and modern analyses of the 1918 influenza pandemic favors a scenario in which viral damage followed by bacterial pneumonia led to the vast majority of deaths,” says co-author NIAID Director Anthony S. Fauci, M.D.
Now ask yourself, where did the bacteria come from?
Masks..
If the “Governor” really wanted to save lives they’d be keeping the criminals in jail where they belong instead of letting them out to commit even more crime. The DA’s in any state who keep letting these animals out should be swinging.
Don’t set up the celebratory parade just yet…in NY, when government appeals a ruling that is against them, there is an automatic stay imposed on the lower court ruling until the Appellate Division issues a decision on the appeal.
If this is all about The Great Reset and Agenda 2030, then they’re going to need to create another state of emergency rather than let the plandemic narrative die. It could be the variant du jour, climate change, or to protect us from some aspect of war with Russia. This looks like the most likely scenario at the moment: Russia is blamed for a bio attack against Ukraine (false flag or not) and nations around the world react with yet another series of draconian measures to “keep us safe” and steal our liberty.
If memory serves, EUA coverage expires this June.
Another Cruella, down for the count! Anything to get her face off these pages and allow her citizens (serfs) to be “safe.”
And, the NYSED (NY state board of ed) has already issued a letter saying it matters not- yes, it’s now illegal but they, the NYSED, expect all districts to enforce their mandate.
A person on Gettr showed the letter they received from Lancaster shool district:
Eddie on GETTR: “This is the email going out to pare…”