Frau Hocul and New York State’s Public Health Industrial Complex are celebrating a recent court win. A policy of forced quarantine that had been struck down as unconstitutional has been resurrected like some undead beast to feed on Lady Liberty.
A rule that allows the state Health Department to lawfully order someone to involuntarily isolate or quarantine to control a highly contagious disease, such as COVID-19, has been reinstated in a unanimous decision by a mid-level appellate court.
The ruling by the Fourth Judicial Department, which has jurisdiction in 22 counties in central and western New York, overturns a decision last year by a state Supreme Court justice in Cattaraugus County who found the rule violates the constitutional requirement for a separation of powers between the legislative and executive branches when promulgating rules as severe as involuntary isolation. …
The appellate division’s decision to overturn the lower court’s ruling was issued Friday and based on a technical issue with the lawsuit filed by Republican lawmakers and an organization.
The ruling is being appealed, but seeing as it was dismissed on a lack of standing, it feels like the question won’t be whether the Governor’s health department can confine citizens but if their elected representatives have standing to object in court.
It occurs to me that if the Judicial Branch can determine that the legislative branch lacks standing to oppose acts by the executive branch that lack legislatively approved authority, why can’t the legislature just rule in its own favor and be done with it?
That seems to be where we are on this.
🚨 NEW — NY Appeals Court Reinstates Gov. Kathy Hochul’s Power to Enforce Quarantine Camps
“It allows the Dept. of Health to pick and choose which New Yorkers they can lockup or lockdown without any proof that you’re sick, without any proof you’ve been exposed to a communicable… pic.twitter.com/2jukPhBiRn
— Chief Nerd (@TheChiefNerd) November 22, 2023
