New York Attorney General Letitia James Tuesday pushed back against opposition to the New York Department of Health’s (DOH) mask mandate. Robert J. Miller, New York Supreme Court Appellate Judge, stayed a January 24, 2022, ruling by fellow appellate judge Thomas Rademarker which voided 10 NYCRR § §2.60; 2.60(a).

Commissioner of Health for the State of New York, Mary T. Basset, M.D. enacted 10 NYCRR § §2.60; 2.60(a) on December 10, 2021. The rule requires all residents of New York to wear a mask if they are over two years of age and are able to “medically tolerate” masks.

Administrative agencies have broad powers to promulgate regulations, but only the legislature retains the power to pass laws. The line between administration rulemaking and legislative activity in American politics is hard to define. In the present case, Rademarker ruled that the regulation is actually a law and was “enacted unlawfully by an Executive branch state agency, and [is] therefore void and unenforceable as a matter of law.”

James released a statement after Miller’s ruling, saying:

Nearly three years into the COVID-19 pandemic, we know that wearing a mask saves lives. This mandate and today’s decision are critical in helping to stop the spread of this virus and protect individuals young and old. We will continue to do everything in our power to prioritize the health and wellbeing of all New Yorkers.

According to James, the mask mandate will now remain effective until further action by the appellate court.