It will never end! Quarantine isolation law reinstated after appellate division decision in New York

New York Governor Hochul's plans for quarantine camps may be in the works again. An appeals court just dismissed a lawsuit from lawmakers and citizen groups.
New York Governor Hochul’s plans for quarantine camps may be in the works again. An appeals court just dismissed a lawsuit from lawmakers and citizen groups.

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 Republican petitioners said they plan to appeal the decision to the state Court of Appeals, the state’s highest court. The GOP officials, in a joint statement, expressed concern that the case could create precedent for “overreach into policymaking.”

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 court found that the GOP officials and the organization did not sufficiently establish why they were so severely harmed, and that the trial court failed to adequately rule on the merits of whether the petitioners had a right to bring the case in the first place.

The panel pointed to a landmark state Court of Appeals decision on separation of powers, Silver v. Pataki, a 2001 case on budget powers between the Assembly and the governor.

To establish the right to bring a case, legislators “generally fall into one of three categories: lost political battles, nullification of votes and usurpation of power,” reads the decision in Silver v. Pataki. “Only circumstances presented by the latter two categories confer legislator standing.”

The Republican lawmakers — state Sen. George Borrello, Assemblyman Chris Tague and U.S. Rep. Mike Lawler, who was a member of the Assembly at the time of the filing — argued their legislative powers were usurped from them by the office of Gov. Kathy Hochul, which issued the isolation rule last year.

The court disagreed with the GOP members. The state “Legislature retains its power to address the regulation,” the panel wrote about the body controlled by a Democratic supermajority.

In July 2022, state Supreme Court Justice Ronald D. Ploetz ruled that the isolation rule violated the constitutional requirement for a separation of powers between the two branches of government. He noted it had not been enacted by the state Legislature but by the administration of then-Gov. Andrew M. Cuomo to respond to the escalating coronvarius pandemic.

“Involuntary detention is a severe deprivation of individual liberty, far more egregious than other health safety measures, such as requiring mask-wearing at certain venues,” Ploetz said.

The Republican officials, in a joint statement, described the ruling as a “calamitous decision.”

“This has been a ‘David v. Goliath’ fight from the beginning on many levels, so it is not surprising that the state, with its limitless resources, has effectuated a win this round,” the GOP statement said. “We will never stop fighting for New Yorkers against government overreach.” [NTD, TU]

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  1. I used to live near this University Sharif. Those good times under Shah of Iran it may be under name different. Every one mix together and it was great. Now the Arabs and PLO ,Yemenis terrorists are
    living in Iran destroyed our way of life with over 3000 years of king ship.
    Iranian mothers slam Israeli crimes in Gaza.
    TEHRAN – A group of Iranian mothers studying at the Sharif University of technology, along with a group of graduated students, gathered in front of the school’s main entrance to protest the latest wave of Israeli crimes against Palestinian civilians, especially children.

    “We, Sharif Mothers, have gathered in this place with our children to tell our brothers and sisters in Palestine that we are proud of this heroic stand and we are by your side until the final victory, and our hearts are connected to each other with the faith in God’s help,” said a statement read at the gathering.

    Demonstrators praised the firm resilience of the Palestinian people, noting they were able to leave a lasting impression on masses across the world.

    “You made the world’s tyrants and arrogant powers suffer from your faith and courage and amazed the people of the world with your enlightened free spirits”.

    The statement added that the bloodshed of Palestinian Women and children in the besieged Gaza Strip has exposed the double standards of the self-proclaimed defenders of human rights, ultimately causing them to lose all credibility.

    “It is necessary for international organizations to act on their inherent duty and to take urgent and persistent measures to end the crimes of this detested regime so that in the eyes of nations around the world, they do not become a partner in these crimes with their disgusting silence and inaction,” the protesters demanded.

    People also condemned regional and Arab countries for their impotence against Israeli crimes, warning that such misconduct will ultimately lead to resistance inside their own countries.

    “We warn the criminal Zionist regime and those who support them, particularly the United States, that this genocide in Gaza will not help them achieve their disgraceful goals,” they added, explaining that the entire world has already tuned against Israel and its patrons.

    In a jointly penned opinion… two Israeli Members of Knesset recently urged Western nations to welcome Palestinian refugees from Gaza amid the Israel-Hamas war…

    ’Hamas’s unprovoked terrorist attack on Oct. 7 has endangered not only Israel but the more than two million people who live in the Gaza Strip. Although Hamas won 2006 elections in Gaza and took control of the area from the Palestinian Authority the following year, the group has said that it bears no responsibility for the people living there,’ the two lawmakers wrote…

    Danon and Ben-Barak stressed that Europe has a long tradition of helping migrants fleeing from conflict zones such as former Yugoslavia and Ukraine.

    ‘Europe has a long history of assisting refugees fleeing conflicts. The wars in the former Yugoslavia displaced millions, most of them from Bosnia and Herzegovina. Germany, Austria and Sweden accepted large numbers. When the Kosovo war erupted, hundreds of thousands of Kosovar Albanians fled to neighboring Albania and the country now called North Macedonia.’”

    Yes, European populations have been made by their governments to absorb hordes — millions upon millions — of migrants from the Middle East over the past decades, and it’s wrecked their societies, perhaps irreversibly so.

    And Israel wants more of that — this time not just for Europe but for the U.S. as well.

    Related: Germany: Afghan Migrant Does a Diversity™, Rapes Drunk Teenager on Subway Platform ‘For Hours’

    The full op-ed is here in The Wall Street Journal; unfortunately, it’s behind a paywall and even the trusty workaround fails to work.

    It’s pretty clear what’s going on here: despite its duplicitous public proclamations to the contrary, Israel is trying to figure out how to ethnically cleanse Gaza without incurring grievous political damage for itself in the process.
    Why sending Terrorists in to freedom land of NATO /USA . Every one saw the videos Muslim radicals
    massages to world we will come for you one by one make you Muslim. We ask Israel NUKE the Gaza
    we do not want them any where if are so evil doers why we should have them. Nuke Gaza, Lebenon, Iran now. Freedom for Iran please do not forget it. If Island of stability that Jimmy Carter told Shah of Iran back do not for get regim change is a must?

  2. We told you prophecised new locked are coming, coming of World War 3 from Iran, and its proxies.
    We told you Iran is cancer of middle east that Jimmy Carter and Queen of London installed it in Iran.
    We prophecised of global Martial Law that started in canada , Global unrest, economic collapse of
    the world. We told you many times here for lat 15 years that we do not have future any more , becuse
    the 90 percent of wolrd populations will be dead soon by the will of the man in black suits!
    Global earth quakes, volcanos , tornadoes, femine globally with EMPS in North America will destroy
    the all lifes in here. This is possible our predictions that last Christmass we all witness in the world.
    Massive red alerts for entire globally, since radical jihadists Muslims will destroy our way of life.
    Terrroist attack on Nato and USA are coming before the new years finished and all USA and NATO
    are in state code red. We need not back lash against Muslims because we need helps of them for
    the securities of nations. Muslim leg doctor was knifed to death in Texas. How stupid can be, Iranian
    are Muslims but we do not endorsed the Hijabis laws. It is disgrace to our nations. Hijabis are shariah laws that ayatoolahs are promoting is in human indeed. We ask NATO, Israel and USA nuke Iran is
    only way for the regime change. Ayatoolahs soon will test nukes in Iranian deserts thanks to Democrats that let Iran has nuclear bombs. Joe Biden keep falling with intent to be run for 2024
    elections. Global martial Law, Global quakes, volcanoes tornadoes, flush floodings, collapse of USA
    and world witheld with usher of new order?

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