Back during the waning days of the COVID pandemic last year, New York State was among the worst in terms of trying to declare emergency orders and lockdowns. One of the rules put in place under Governor Kathy Hochul during that period allowed state Health Department officials to order individuals to remain locked down in quarantine to curb the spread of an infectious disease such as COVID. People who found themselves on the receiving end of that hobnail boot wound up working with some GOP lawmakers and challenged the rule in court. Last year, a state supreme court justice found the rule to be unconstitutional because it violated the separation of powers between the executive and legislative branches. I’m sure we can all be glad of that. But New Yorkers may have celebrated too soon because a unanimous panel of the Fourth Judicial Department appellate court overturned that finding, bringing the rule back to life. (Times Union)
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.
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