JAMESTOWN – Those behind the lawsuit against New York’s statewide mask mandate say the case isn’t specifically about wearing a mask, but rather, stopping what they call an overreach of the executive branch.
On Monday, a State Supreme Court Judge ruled the state Department of Health didn’t have the legal authority to implement the mandate, and that, it was up to the state Legislature to do so.
Then, less than 24-hours later, an Appellate Court Judge overruled the ruling, allowing the state’s masking rules to stay in place.
“A Supreme Court Judge, who was elected by the people, read the constitution clearly, and accurately, and interpreted the state constitution, this Appellate Court Judge, which is appointed by the Governor, instituted a stay, which keeps the mask mandate in place,” explained State Senator George Borrello.
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