Governor Kathy Hochul and New York Attorney General Letitia James are appealing a recent State Supreme Court decision that struck down the state's attempt to use a rulemaking process to establish isolation and quarantine procedures. State Senator George Borrello issued a statement on Thursday, saying it is a "disservice" to New Yorkers to appeal the ruling by Judge Ronald Ploetz of Cattaraugus County. The Sunset Bay Republican was one of the plaintiffs in the case.
Below is Borrello's complete statement:
Governor Hochul and Attorney General James are doing a disservice to New Yorkers in appealing Judge Ploetz's ruling declaring Rule 2.13 unconstitutional and "null and void." What they are fighting to defend goes beyond the scope of this disturbing, authoritarian-style regulation; they are fighting to establish the rulemaking process as a backdoor channel for creating mandates and measures that rightly belong in the legislative realm.
Defending and affirming the constitutional separation of powers was always the core of this lawsuit. The pandemic and the "emergency" authority it gave the Executive Branch has proven to be a powerful political tool the governor is reluctant to relinquish. However, checks and balances must be restored so that horrific rules like 2.13 cannot slide under the radar.
I am once again calling on the Governor and the Attorney General to accept the will of the people and their constitutional freedoms by abandoning this appeal. There is no ambiguity in this ruling and pushing it further through the courts will simply waste taxpayer resources and direct attention away from pressing problems like our crime crisis and soaring inflation.
I echo the call of my fellow plaintiffs in urging New Yorkers to contact the offices of Gov. Hochul and Attorney General Letitia James to request they drop their appeal immediately and let the court's strong and just ruling stand.
