New York Lawmakers to Appeal Appellate Court Decision on COVID-19 Rulemaking

New York Lawmakers to Appeal Appellate Court Decision on COVID-19 Rulemaking

State Senator George Borrello and other lawmakers have expressed their intention to appeal a recent decision by the Appellate Division of the State Supreme Court. The Appellate Division overturned a ruling made last year by Acting Supreme Court Judge Ronald D. Ploetz, who had found that the state Health Department’s COVID-19 rulemaking violated the separation of powers. The state had attempted to establish isolation and quarantine procedures for highly communicable diseases through a rulemaking procedure.

Despite the ruling in favor of the Hochul administration, Borrello, along with Representative Mike Lawler and Assemblyman Christopher Tague, remains critical of the decision to appeal Judge Ploetz’s ruling. They believe that the court did not consider the merits of the case outlined by Judge Ploetz and instead dismissed it on a technicality, claiming that the petitioners lacked standing to bring the case. The lawmakers argue that this dismissal sets a dangerous precedent that could limit citizens’ ability to challenge government overreach in court.

The regulation in question, known as 10 NYCRR 2.13, was adopted as an emergency regulation on February 22, 2022. It established isolation and quarantine procedures for individuals suspected of having a communicable disease, and it has been renewed at 90-day intervals.

Acknowledging the uphill battle they face against the state’s vast resources, Borrello, Lawler, and Tague have vowed to continue their fight against government overreach on behalf of New Yorkers. They plan to appeal the decision to the Court of Appeals, the highest court in the state, trusting in its commitment to constitutional integrity and hoping that justice will be served for the people of New York.

Frequently Asked Questions (FAQ)

Q: What is the separation of powers?

The separation of powers is a constitutional principle that divides the functions of government among three branches: the legislative, executive, and judicial branches. This principle aims to prevent one branch from gaining too much power and becoming tyrannical.

Q: What is rulemaking?

Rulemaking is the process by which government agencies create regulations that have the force of law. It involves proposing and finalizing rules that specify how a law or policy will be implemented and enforced.

Q: What are isolation and quarantine procedures?

Isolation and quarantine are public health measures used to control the spread of contagious diseases. Isolation is the separation of individuals who are already sick with a contagious disease, while quarantine is the separation of individuals who may have been exposed to a contagious disease but are not yet showing symptoms. These measures help prevent the further transmission of the disease to others.

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