Tue Jan 25, 2022 – 9:26 pm EST
NEW YORK (LifeSiteNews) – New York Democrat Gov. Kathy Hochul’s mask mandate for schools and other public spaces is back in effect after a state judge halted a lower-court ruling that struck down the mandate yesterday.
In an order Tuesday, Justice Robert J. Miller of the Appellate Division of New York State Supreme Court granted a temporary stay requested by the state attorney general, allowing the policy to remain in place pending further litigation.
Nassau County Judge Thomas Rademaker had ruled Monday that Hochul and the state health commissioner overstepped their authority by making masks compulsory without legislative approval.
The mask mandate “is a law that was promulgated and enacted unlawfully by an executive branch state agency, and therefore void and unenforceable,” Rademaker found.
“To allow such agency law making would result in laws being changed at the whim of every new commissioner” and “would surely result in a lack of representative government, wherein only a select few appointees of the Governor make the laws,” he wrote. “This is the very antithesis of constitutionally established representative government.”
The case was brought by a group of parents who sued
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