Tuesday, April 19, 2022

Federal Judge Overturns Mask Mandate for All Public Transportation


As travelers breathe a sigh of relief. National Review: A federal judge in Florida overturned the Biden administration’s national transportation mask mandate on Monday, determining that the CDC overstepped its authority by requiring masks on planes, trains, buses, and other forms of public transportation. The order handed down by U.S. District Judge Kathryn Kimball Mizelle holds that the CDC’s masking requirement violated the Administrative Procedure Act (APA) because it was implemented “without allowing public participation through the APA’s notice and comment procedures” (National Review). 

Ed Morrissey: Will the Biden administration appeal this ruling? Probably, but they’d be well advised to skip it. Mask mandates have become a political millstone around the necks of Democrats already. This gives the White House a very convenient exit from endless loops of low-risk-tolerance extensions. Mostly, though, the Supreme Court has already plowed most of the ground Mizelle does here in recognizing the limits of the CDC’s authority. Why fight it and fail at the precise moment when it’s better to just admit that the time for such measures has passed anyway (HotAir)?

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