Judge Rules Masks Off On Transportation – Biden Admin Set To Appeal

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Plane with surgical mask on it - Travel restrictions during pandemic and concept

On Monday, a Florida judge struck down Joe Biden’s mandate for masks to be worn on public transportation, to which the administration is set to appeal the ruling.

Judge Kathryn Kimball Mizelle, ruled that the mandate “exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions.”

Mizelle ordered, “The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order. The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr., as a Defendant to this action, to ENTER final judgment in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”

Disagreeing with the judge’s orders, the Centers for Disease Control and Prevention (CDC) announced in a press release, that they will appeal the judge’s decision saying “The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health. The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve.”

The statement went on to say, “On April 13, 2022, before the district court’s decision, CDC explained that the order would remain in effect while it assessed current public health conditions, and that the Transportation Security Administration would extend its directive implementing the order until May 3 to facilitate CDC’s assessment. If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision.”