On January 27, 2022, Professor James Sample was quoted in the Newsday article “Nassau judge’s mask ruling faces long odds to be upheld, experts say.”
Excerpt
At issue is a ruling Monday by Nassau Judge Thomas Rademaker saying that the New York State Health Department overstepped when it imposed the mask mandate in December and that only the State Legislature had authority to do so. He said the issue hinges on authority, not the benefit of wearing masks.
“Agencies enact regulations that have the force of law every day,” said James Sample, a Hofstra University law professor. “(Rademaker) is conflating the idea that to have the force of law, a (regulation) must go through bicameral passage and signature of the governor. That’s not the world we’ve lived in for nearly 90 years.”
Read the full article on Newsday’s website.
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