Posted on 01/25/2022 11:52:38 AM PST by Red Badger
When news broke yesterday that the New York Supreme Court ruled against face mask mandates for students, the vast majority of people other than teachers and Governor Kathy Hochul’s office rejoiced. But the victory was short lived as the New York State Education Department sent a memo to all school districts essentially telling them to ignore the court and keep slave masks on the kids.
Some districts have indicated they’re recognizing the Supreme Court decision, but most have followed the guidance of the state education department.
Here’s the memo:
“The State Education Department understands that Nassau County Supreme Court has ruled that the Department of Health exceeded its authority in enacting the mask regulation, 10 NYCRR 2.60, in Demetriou et al. v. New York State Dep’t of Health et al. This regulation is the subject of conflicting decisions, insofar as Albany County Supreme Court recently upheld the regulation in Massapequa UFSD et al. v. Hochul, et al.
“It is SED’s understanding that the Department of Health will appeal the Nassau County Supreme Court decision, which will result in an automatic stay that will unambiguously restore the mask rule until such time as an appellate court issues a further ruling. Therefore, schools must continue to follow the mask rule.”
Sadly, very few in media have talked about this outside of local outlets. This is a clear dismissal by the Hochul regime of the decision made by the highest court in the state. Such actions will not go unnoticed, especially when new lawsuits arise as a result. But for now, their defiance is keeping face diapers on children in New York.
Ignore them.
That’s the answer.
Show them that you know more.
Masks are supposed to be ineffective anyway, right?
New York Supreme Court ...................
I don’t think so RB. The overall state Supreme Curt has not ruled.
Can you provide a link to the state Supreme decision?
the decision made by the highest court in the state.That statement is in error. In NY state, the "Supreme" courts are the LOWEST level, the trial courts. The courts are in open disagreement with each other as we peons sit oin the sidelines waiting for a court referee to declare a winner.
Called it in an earlier thread on this. Said that the politicians would just middle finger the courts and do as they please.
If even one kid is prevented from getting the sniffles it is very much worth it even if it permanently impedes brain or lung development for millions, or wrecks their immune system, causes heart problems, autoimmune diseases, psychological problems, or damage to their reproductive systems
This is why amateurs shouldn’t analyze news. Liberty Daily, report DoE defying the court decision. But end it there. The New York Supreme Court, oddly, is the LOWEST state court, not the highest. From there, you go to the Appellate courts, then to the Court of [final] Appeals. DoE shouldn’t pretend it already has a stay, but expecting one isn’t far-fetched at all.
But the New York Supreme Court is the lowest level of court above the County court. If this is what I’ve been following, Nassau County bucked the state, the Nassau County Supreme Court sided with Nassau, so the state took them to the New York State courts, of which the New York State Supreme Court, named such because it is superior to county courts, sided with Nassau. But Appellate courts await.
Yes.
See this: https://www.hierarchystructure.com/new-york-courts-hierarchy/
The highest court in the state titles itself “Court of Appeals”
The layer below that vaunted bunch of perfect gods is four courts in a group called “Appellate Division of the Supreme Court.” This bunch either reverses or affirms the outcome of cases decided below.
Each county has a county supreme court. This is a trial court. The title “Supreme” was granted to them so they would feel good about themselves, and to give them power and might. But they are not the last word.
The New York State Court of Appeals is the highest State court in NY.
Amateurs are fine, but he should have a clue about what he is writing about.
A reporter or columnist, even a part-time one, should do basic research.
School boards and state level officers, think they are a god,
unanswerable to any other authority.
Time for officials to show them otherwise.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.