A New York state appeals court upheld a ruling allowing state officials to detain individuals for public safety reasons, despite concerns about due process violations.
The ruling pertains to a state Health Department Rule 2.13, which was challenged by Republican lawmakers and a conservative group.
The court’s decision was based on the challengers lacking “standing” in the case. (Trending: Chilling Surveillance Program Under Biden Exposed)
Happening Now: The New York Appellate Division has ruled in favor of Governor Kathy Hochul in a landmark case for government overreach.
Rule 2.13: “Isolation and Quarantine Procedures” will give the state of New York the ability to come in your home and take you away to… pic.twitter.com/wpWHrjU7x8
— 🇺🇸Travis🇺🇸 (@Travis_in_Flint) November 22, 2023
The ruling has sparked criticism and concerns about government overreach and the erosion of citizens’ rights.
The case is set to be appealed to the New York Court of Appeals.
“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,” Justice Ronald Ploetz wrote.
Reason To Leave New York: Rule 2.13 gives NY the ability to come in your home and take you away to quarantine without notice. Keep you as long as they’d like and treat you as they see fit, including using methods that are still in testing! Leave now!pic.twitter.com/ic7Tae6NJv
— John Cremeans USA (@JohnCremeansUSA) November 23, 2023
“Involuntary quarantine may have far-reaching consequences such as loss of income (or employment) and isolation from family.”
“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 Times Union noted.
“They have not only paved the way for Hochul and her Department of Health to re-issue this heinous Rule, but they have set a precedent to preclude citizens from rightfully challenging government overreach in court, and they’ve effectively unconstitutionally empowered the Executive Branch to overreach into policymaking, which is a decision that could open the door to further abuses of power,” Borrello’s office said.
The broader issue reflects a contrast in COVID response between Republican and Democratic states, with the power struggle continuing even after the pandemic.
The rule’s language gives significant authority to the state health commissioner for detainment and isolation, raising concerns about due process and government overreach.
The ruling has sparked debate about the balance between public safety and individual rights.
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