Noah Bard - Week 12: Mask Mandate ruled unconstitutional in New York

    The Covid-19 pandemic started out as a global health issue, but quickly into a political debate. Throughout the last two years one of the major debates has been about masks. I believe the lion’s share of society can agree about the efficacy of masks, and that they do indeed work. Although not everyone agrees about whether they should be mandated or not. Throughout the pandemic many states have issued state-wide mask mandates. One of these states is New York, and just yesterday on January 24, the Nassau County Supreme Court ruled on the constitutionality of their mask mandate.

    The mask mandate which has been in place since December was due to expire on January 15, although that state’s health department requested for it to be extended until February 1. The mask mandate forced masks in most public places including schools, shopping centers, restaurants, and transportation. Thomas Rademaker, the supreme court judge ruled that Governor Kathy Hochul didn’t have the authority to enact this mandate stating that the law "was promulgated and enacted unlawfully by an Executive branch state agency, and therefore void and unenforceable as a matter of law.” In response to this ruling Gov. Hochul came out in strong opposition and said “we are pursuing every option to reverse this immediately.”

    The implications of this ruling are simply about choice. If parents and children agree that it’s necessary to wear masks then they have the right to do so. On the other hand if a parent doesn’t feel it’s necessary for their child to wear a mask they now have the choice not to wear it.



Sources:

  1. https://www.businessinsider.com/new-york-mask-mandate-judge-unconstitutional-kathy-hochul-department-health-2022-1

  2. https://abc7ny.com/mask-mandate-new-york-schools-masks-in/11507205/



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