ALBANY, N.Y. (NEWS10)– The New York Attorney General is appealing the recent court decision that deemed Isolation and Quarantine Procedures unconstitutional.

Uniting NYS and three Republican Lawmakers, including Assemblyman Chris Tague, filed a lawsuit against Governor Kathy Hochul, Dr. Mary Bassett, New York State Department of Health, and the Public Health and Health Planning Council.

They claimed the Isolation and Quarantine procedures known as Rule 2.13, were in violation of the New York State Constitution. Assemblyman Chris Tague said he believes this oversteps the separation of powers.

“It’s unconstitutional in our eyes, and anything like that should go through the legislature,” stated Tague. “It should have an opportunity to be debated. To be able to have facts brought forth by health professionals, and leaders within our communities before we just decide to put something into law.”

According to Section 2.13 Isolation and Quarantine Procedures, to control the spread of highly contagious communicable disease, the Commissioner of Health may issue or direct the local health authority to issue isolation and/or quarantine orders consistent with due process of the law if the commissioner determines it’s appropriate.

The court ruled that 2.13 only gives “lip service” to due process because the isolation and quarantine would go into effect before the order could be challenged.

“As we suspected, the judge found it to be unconstitutional,” said Tague.

On Tuesday, Capitol Correspondent Jamie DeLine asked Governor Kathy Hochul about the court decision.

“We feel very confident that if we appeal this, we will be successful,” stated Hochul.