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https://beckernews.com/new-york-appeals-court-reverses-decision-rules-the-governor-may-decree-arbitrary-lockdowns/
A New York Supreme Court Appellate Division ruling that had found the state’s quarantine order unconstitutional has been reversed.
The New York Supreme Court Appellate Division ruled that the state’s Commissioner of Health is allowed to issue quarantine orders to control the disease.
According to Rule 2.13 of the February 2022 order, “whenever appropriate to control the spread of a highly contagious communicable disease, the State Commissioner of Health may issue and/or may direct the local health authority to issue isolation and/or quarantine orders, consistent with due process of law, to all such persons as the State Commissioner of Health shall determine appropriate.”
According to the state order, isolation settings may include one’s own house, a general hospital, or “other residential or temporary housing,” depending on what the health body issuing the order deems “appropriate.” The regulation also permits the health agency to “whenever appropriate, coordinate with local law enforcement to ensure that such person comply with the order.”
“Rule 2.13 is a red flag that underscores the lingering authoritarian approach to governing, which is a holdover from the pandemic,” George Borrello, a plaintiff and New York state senator, said in a statement.
This ruling follows the filing of a lawsuit against Governor Kathy Hochul and the New York State Department of Health for Covid-19 quarantine restrictions the plaintiffs argued violated their constitutional rights and the separation of powers.
https://beckernews.com/new-york-appeals-court-reverses-decision-rules-the-governor-may-decree-arbitrary-lockdowns/ A New York Supreme Court Appellate Division ruling that had found the state’s quarantine order unconstitutional has been reversed. The New York Supreme Court Appellate Division ruled that the state’s Commissioner of Health is allowed to issue quarantine orders to control the disease. According to Rule 2.13 of the February 2022 order, “whenever appropriate to control the spread of a highly contagious communicable disease, the State Commissioner of Health may issue and/or may direct the local health authority to issue isolation and/or quarantine orders, consistent with due process of law, to all such persons as the State Commissioner of Health shall determine appropriate.” According to the state order, isolation settings may include one’s own house, a general hospital, or “other residential or temporary housing,” depending on what the health body issuing the order deems “appropriate.” The regulation also permits the health agency to “whenever appropriate, coordinate with local law enforcement to ensure that such person comply with the order.” “Rule 2.13 is a red flag that underscores the lingering authoritarian approach to governing, which is a holdover from the pandemic,” George Borrello, a plaintiff and New York state senator, said in a statement. This ruling follows the filing of a lawsuit against Governor Kathy Hochul and the New York State Department of Health for Covid-19 quarantine restrictions the plaintiffs argued violated their constitutional rights and the separation of powers.
BECKERNEWS.COM
New York Appeals Court Reverses Decision, Rules the Governor May Decree Arbitrary ‘Lockdowns’
A New York Supreme Court Appellate Division ruling that had found the state's quarantine order unconstitutional has been reversed. The New York Supreme Court Appellate Division ruled that the state’s Commissioner of Health is allowed to issue quarantine orders to control the disease. According to Rule 2.13 of the February 2022 order, "whenever appropriate to
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