CDC Mask Mandate for Travelers Struck Down by Judge Nationwide

Monday, a Federal judge in Florida tossed the CDC mask mandate for travelers on buses, airplanes and trains. The ruling came before the Biden administration extended the mandate until May 3.

As travelers have been reminded for more than a year, federal law requires wearing a mask in airports, train stations, and other transportation hubs as well as on airplanes, buses, trains, and most other public conveyances in the United States. Failure to comply may result in civil and criminal penalties, including removal from the conveyance. This masking requirement—commonly known as the Mask Mandate—is a Centers for Disease Control and Prevention (CDC) regulation published in the Federal Register on February 3, 2021….

The Court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA. Accordingly, the Court vacates the Mandate and remands it to the CDC.

Excerpt from Court ruling by Federal Judge Kathryn Kimball Mizelle

The Administrative Procedures Act (APA) governs how Federal agencies implement regulations. In the case of the CDC mask mandate for everyone ages 2 and over, the Judge contended that Congress either ceded their authority to the CDC, or the CDC’s mask mandate was out of line with the exact wording of the Public Health and Safety regulations, which call for cleaning conveyances, etc.. The Judge wrote that the administration called the mask “sanitation”and a mask is not “sanitation.”

The Judge’s ruling immediately came under a barrage of criticism from Steve Vladeck, a law professor at the University of Texas, who complained that the ruling was “preposterous.” Airline companies and other groups have called for an end to the mandate, but the Biden administration extended it instead.

“We are encouraged by the current data and the lifting of COVID-19 restrictions from coast to coast, which indicate it is past time to eliminate COVID-era transportation policies,” a group of CEOs wrote in a letter to the White House. American Airlines, United Airlines Holdings, Delta Air Lines, and Southwest Airlines were among those who signed the document.

The Epoch Times

Will the administration appeal the decision? The mask mandate has been set to expire several times, yet they continue to extend it. Neither Fox News nor The Epoch Times were able to reach anyone in the administration for comment.


H/T Uncle Sam’s Misguided Children


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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. All of her posts on Conservative Firing Line are also posted on Uncle Sam's.

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