"Judge Rademaker concluded that neither the governor nor the state health commissioner has the authority to impose the mask mandate and the state legislature would need to approve specific laws to require masks in schools and certain public places."
We killed a bunch of kids and gave even more some permanent organ damage, but at least we followed the rules.
The US and its citizens are legitimately ungovernable.
If Bernie had won and miraculously passed M4A, judges everywhere from cities all the way up to SCOTUS would be ruling it unconstitutional.
That site is cancer. Different source from Reuters:
Jan 24 (Reuters) - A New York judge struck down the state's mask mandate on Monday, ruling that it was unconstitutional and a violation of state law, according to the court decision.
Judge Thomas Rademaker, of New York State Supreme Court on Long Island, wrote in his decision, which apparently takes effect immediately, that the state legislature last year curbed any governor's ability to issue decrees, such as a mask mandate, amid a declared state of emergency.
The legislature's action "prevents the type of mandates and directives that former Governor Cuomo included in his various COVID-19 related Executive Orders," the judge wrote.
New York Governor Kathy Hochul said in a statement, "We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately."
"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," Hochul said.
Rademaker wrote in his decision that he had no doubt there was good intention behind the mask mandate and said his ruling is not intended "in any way to question or otherwise opine on the efficacy, need, or requirement of masks as a means or tool in dealing with the COVID-19 virus."
Once again, this is the fault of the Common Law system which has this very easily hijackable core feature, it's distinguishing feature, called judicial precedent. Sometimes, this is called case law. Civil Law as a legal system is significantly more functional in that it generally doesn't allow some random minor judge to just blow up a piece of legislation on a provincial, regional, or even national level for personal reasons.
Note the nations in red and pink where this shit is consistently a recurring problem
Whats even funnier is the fact that Common Law is only used in a handful of countries, but due to those countries being the most annoying ones worldwide, Common Law sort of occupies an outsized influence over the planet. Pretty much every non-anglo majority nation is using a different system, but somehow we all still have to learn about how the Common law system works.
Edit: I think the only non-anglo country that uses Common Law would be Hong Kong, but their legal system is entirely within a league of its own, and they also randomly have several british judges just hanging around their supreme court. I think the judges are even from the house of lords if I'm not mistaken.
Shockingly about 1/3 of the world population lives under Common Law or hybrid systems that incorporate aspects of Common Law. This shit needs to get gone so badly.
Isn't that almost entirely down to India and America though? And the Indian system is apparently also quite a strange mixture of every kind of legal tradition, due to India's history. I will admit though, while I have tried to read up on different countries and their legal traditions, it's almost too big of a subject for any single person to understand.
I wish Judge Rademaker a pleasant visit from local antifa super soldiers for tea.
