On April 18, 2022, the US federal transportation mask mandate ended. Not because the Centers for Disease Control and Prevention (CDC) decided it should end (the CDC wanted it to be valid through May 3), but rather because a judge ruled that the CDC failed to justify the order and didn’t follow proper rule making procedures.
Well, the CDC has now asked the Department of Justice (DOJ) to appeal this decision and bring back the mask mandate…
In this post:
DOJ appealing end of federal mask mandate
It has been announced that the CDC has asked the DOJ to proceed with an appeal of a district judge’s ruling that led to the end of the face mask mandate. As it’s described:
- This is being done “to protect CDC’s public health authority beyond the ongoing assessment”
- Furthermore, “it is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health”
- The “CDC believes this is a lawful order, well within CDC’s legal authority to protect public health”
I’m curious to see how this plays out
I’m obviously neither a legal expert nor a doctor, though a few thoughts:
- If this is simply about protecting the CDC’s authority to make decisions like this going forward, I can appreciate the logic of the DOJ challenging this ruling
- From a practical perspective, I just can’t imagine that we’ll see the mask mandate brought back, even if the DOJ succeeds; I would expect this to lead to more unruly passenger incidents than ever before, and for that matter I think the political implications for Biden would be… not great
- The Biden administration’s messaging following the judge’s ruling has been strange, as it was stated on April 19 that the decision would be appealed “subject to CDC’s conclusion that the order remains necessary for public health”; the CDC had already extended the mask mandate, so this seems like an odd press release to put out a day after the judge’s ruling
My guess is that this legal process will take some time, and then even if the DOJ wins, the mask mandate won’t be brought back. I could be wrong, of course.
Bottom line
The DOJ will be challenging the transportation mask mandate being overturned, on behalf of the CDC. It’s stated that this is being done both to protect the CDC’s public health authority, and because the CDC believes that this continues to be necessary for public health.
How do you see this situation playing out?
Biden announced the pandemic is over. Surely he wouldn't have lied just to gain an advantage in midterm elections. Frankly I complied with all the mask mandates when they existed. I'm done with masks. I've had every vaccination and had a mild case of covid. I'm not going back to masking everywhere. Screw that. Enough is enough. It has been years. Are we supposed to mask for the rest of our lives? If someone thinks...
Biden announced the pandemic is over. Surely he wouldn't have lied just to gain an advantage in midterm elections. Frankly I complied with all the mask mandates when they existed. I'm done with masks. I've had every vaccination and had a mild case of covid. I'm not going back to masking everywhere. Screw that. Enough is enough. It has been years. Are we supposed to mask for the rest of our lives? If someone thinks they have covid or recently recovered from it, or is going into a place with a lot of people at high risk like a nursing home then yes they should certainly mask. Everyone else not so much.
I could understand the CDC if masks actually worked. Yet they cannot point to one study that actually demonstrates that they do. Many of us have lost faith in the CDC throughout this pandemic and I for one, do not believe they have any credibility left.
They have ignored early treatments and provided guidance for those that test positive that they should remain at home and not go to the hospital unless they have smurf...
I could understand the CDC if masks actually worked. Yet they cannot point to one study that actually demonstrates that they do. Many of us have lost faith in the CDC throughout this pandemic and I for one, do not believe they have any credibility left.
They have ignored early treatments and provided guidance for those that test positive that they should remain at home and not go to the hospital unless they have smurf like symptoms. At best this is complete incompetency.
Quite honestly regardless of it being about masking or cdc powers to protect we should probably just let it go and let people do whatever. Anything at this point is political theater even if it's not meant to be because that's how dumb Americans interpret everything. If they don't know or understand them just stand up and b+*ch about it to defer their ignorance.
Vast majority of the country is already vaccinated anyway. So...
Quite honestly regardless of it being about masking or cdc powers to protect we should probably just let it go and let people do whatever. Anything at this point is political theater even if it's not meant to be because that's how dumb Americans interpret everything. If they don't know or understand them just stand up and b+*ch about it to defer their ignorance.
Vast majority of the country is already vaccinated anyway. So if those who aren't vax and get sick that's their business. Statistically it's not likely to impact hospitals. Regions where there are liw vaccinations and if they spike them they are getting what they created. If not nobody cares.
We've spent enough resources on this and even though the cdc means well they've done a terrible job at reading the room from the early limited mask recommendation debacle and not understanding how half of this dumb country responds to pivoting guidelines on a monthly basis. We're a bunch of teenagers and should be treated as such.
The majority of opinions today is the DOJ is going to “slow walk” the appeal process, mainly because the next higher up Federal court that the appeal would go to is in Atlanta and that is considered to be overwhelmingly conservative. So it would be defeated there, dealing yet another blow to the CDC’s power. This appears to be more of a “save face” move on behalf of them. Especially in light of the President response that it was up to the individuals.
If the goal were to "save face" the easiest thing would have been to do nothing...
Will Biden declare Global Warming an emergency and force everyone to buy an electric car?
The dictatorial mask mandate is about expanding presidential power, not about health.
Emergency powers should expire within 24 hours and require public debate and a vote in Congress to extend them.
Even if loose fitting, unwashed, repeatedly used cloth rags provided 100% protection against Covid, the President does not have the authority to arbitrarily dictate when, how, and by whom...
Will Biden declare Global Warming an emergency and force everyone to buy an electric car?
The dictatorial mask mandate is about expanding presidential power, not about health.
Emergency powers should expire within 24 hours and require public debate and a vote in Congress to extend them.
Even if loose fitting, unwashed, repeatedly used cloth rags provided 100% protection against Covid, the President does not have the authority to arbitrarily dictate when, how, and by whom they should be worn.
This is stupid. The president already has a lot power and can have even more in emergency situations.
'Dictatorial" is not an adjective that any sane person would use to characterize Biden. The label would be more appropriate for disgraced, twice-impeached, authoritarian and megalomaniacal 'former guy.'
The move is about preserving the CDC's authority to protect the health of Americans from communicable diseases. an authority it has had for years under both Dem and...
This is stupid. The president already has a lot power and can have even more in emergency situations.
'Dictatorial" is not an adjective that any sane person would use to characterize Biden. The label would be more appropriate for disgraced, twice-impeached, authoritarian and megalomaniacal 'former guy.'
The move is about preserving the CDC's authority to protect the health of Americans from communicable diseases. an authority it has had for years under both Dem and Rep administration, until MAGA happened...
G'day.
Are you allowed to get on a plane naked? What would happen if you tried to get on a plane naked? Isn’t it also “dictatorial” to force you to wear other articles of clothing like shirts and pants? Haven’t you been doing that your whole life?
Two weeks to flatten the curve!
@RBC
If the CDC isn’t reimposing the mask mandate, do you think the 11th Circuit Court of Appeals will hold that there is case or controversy, which is a requirement for a matter to be decided by an Article III court?
Agree with your assertions.
Definitely hope they don't try to bring back the mandate.
Definitely hope they win.
Definitely hope that if, way down the line, a mask mandate is brought back, that it specifically require N95. Because otherwise it is... as some people have already called it... safety theater.
For those suggesting the CDC doesn’t have this power… there’s a very easy way for them to have it: Congress (entirely run by one party with the administration) can give them that power and the president can sign the bill that grants them that power. This lawsuit has nothing to do with what power the cdc has taken during the pandemic, but merely a cop out by a cop out by a congress that is scared to vote on something.
When the filibuster ceases to exist, your obfuscation will be true.
Congress does not need to pass a new law. It simply needs to strengthen and protect from partisan abuses the one already on the books that allows the CDC to take the “measures necessary” to control and prevent communicable diseases.
The “interpretation” of the law now on the books by a partisan and unqualified 35-years old “judge” in Florida was so utterly stupid and ridiculous it may, in fact, be the reason for why the...
Congress does not need to pass a new law. It simply needs to strengthen and protect from partisan abuses the one already on the books that allows the CDC to take the “measures necessary” to control and prevent communicable diseases.
The “interpretation” of the law now on the books by a partisan and unqualified 35-years old “judge” in Florida was so utterly stupid and ridiculous it may, in fact, be the reason for why the CDC decided to let the DoJ appeal. They believe that it is an easily winnable case and are willing to gamble it even within a courts system that is packed with conservative judges.
Not really. The cdc took an authority under the word “sanitize” to give themselves the ability to mandate mask wearing. I Actually think it’s ok for the cdc to have an authority to do this, but the federal judge took the rather obvious position that their current authority doesn’t allow them to mandate masks using their current authority having the authority to “sanitize”. Read the ruling; Regardless of your political views, no one should want...
Not really. The cdc took an authority under the word “sanitize” to give themselves the ability to mandate mask wearing. I Actually think it’s ok for the cdc to have an authority to do this, but the federal judge took the rather obvious position that their current authority doesn’t allow them to mandate masks using their current authority having the authority to “sanitize”. Read the ruling; Regardless of your political views, no one should want the executive branch to randomly take on an authority they don’t have.
The party has had plenty of other items they’ve tried to pass regardless of threat of filibuster. Sorry to remind you that congress has a job, it’s to pass laws and define executive authority within the law. No American should want an administration that gives themselves broader and broader authority than the law provides, Trump or Biden administration.
If The cdc wants this authority, there are plenty of loopholes to get around the filibuster...
The party has had plenty of other items they’ve tried to pass regardless of threat of filibuster. Sorry to remind you that congress has a job, it’s to pass laws and define executive authority within the law. No American should want an administration that gives themselves broader and broader authority than the law provides, Trump or Biden administration.
If The cdc wants this authority, there are plenty of loopholes to get around the filibuster whether via the reconciliation process or, when congress gave airlines billions of dollars in mid 2021, they also could’ve made that funding to the airlines contingent upon airlines following cdc recommendations so no new authority would’ve been even needed to the cdc. There were lots of ways to give this authority via actual law or a contingency of bailout funds , but it’s a bit trite to blame everything here on a filibuster that could’ve been overcome in many ways.
The CDC and NIH have lost all credibility on public health matters. The ruling to end the mask mandate is the right call. Wear a mask if it makes you feel better.....but not this frequent flier!
That makes too much sense. Wear one or dont its your choice. Too bad political parties want control not the best interest of citizens.
It makes no ethical or moral sense. You are free to play "Russian roulette" with your own health or life, but you are not free to do the same with some else's, to which refusing to comply with mitigatory health measures during a pandemic would be equivalent...
The mandate will not return regardless of the decision. IMO, the CDC has so little credibility left with the public that doing so would further damage their credibility. I was very surprised to see the mandate extended. They cannot justify this mandate any longer, being that you don't need to mask in any other indoor public spaces but somehow they think airports and planes are different? Packed bars are fine but an airplane with the...
The mandate will not return regardless of the decision. IMO, the CDC has so little credibility left with the public that doing so would further damage their credibility. I was very surprised to see the mandate extended. They cannot justify this mandate any longer, being that you don't need to mask in any other indoor public spaces but somehow they think airports and planes are different? Packed bars are fine but an airplane with the best ventilation and air filtration of any public place is still dangerous enough for masks? The pandemic is over and it is time for people to worry about their own personal health. The absolute last people I would ever take health advice from is some government agency. My uncle is a practicing family doctor and he's been saying for almost a year that it is time for governments to step back. There are so many viable treatments/vaccines available that we really shouldn't be treating Covid any different than influenza at this time.
They are not asking for a stay on the mask requirement which signals that they will not be reinstating it in the current climate but rather attempting to reverse the judgment and vacate the precedent in the event there is another public health emergency. Nothing to worry about IMO.
I’m a democrat and supported this mandate in the beginning, but only as long as it was necessary given the emergency situation earlier in the pandemic. The problem is that these types of rules are easy to put in place but then seem to live for much longer than necessary. Keeping the mask mandate longer than necessary erodes trust and confidence in the experts and the whole message in general, and so it really does...
I’m a democrat and supported this mandate in the beginning, but only as long as it was necessary given the emergency situation earlier in the pandemic. The problem is that these types of rules are easy to put in place but then seem to live for much longer than necessary. Keeping the mask mandate longer than necessary erodes trust and confidence in the experts and the whole message in general, and so it really does need to go as early as reasonably acceptable.
Today, COVID is no longer a public health crisis. There are many tools to mitigate the impacts and the increasing cases no longer correlate to healthcare shortages and other adverse impacts to society at large. Thus, the ban had to go and unfortunately a judge had to do what spineless politicians weren’t willing to. Hopefully this will be a lesson learned for the dems, but I doubt it somehow.
Agree completely.
And on that note, I think we should allow water/beverages to be brought through security, and families to be able to see each other off at the gates of the plane!
And taking shoes off should stop. There has to be trillions of germs on those floors.
To me, the mask mandate on enclosed transportation where people are made to sit so close to each other is STILL needed. Not only do we need to protect each other, we need to protect the most vulnerable among us.......and I am one of them who just had a cancer operation and have lung issues. People are still dying in this country every day from Covid. Sure, not as many as previously (at least for...
To me, the mask mandate on enclosed transportation where people are made to sit so close to each other is STILL needed. Not only do we need to protect each other, we need to protect the most vulnerable among us.......and I am one of them who just had a cancer operation and have lung issues. People are still dying in this country every day from Covid. Sure, not as many as previously (at least for now).......and people are still getting very sick. It is just common sense to continue the mandate. I don't want to be in a plane with people who are flying with the flu and I sure don't want to be in a plane with people who are flying with covid. The least we can do is mask up. The the CDC needs this authority, now and in the future.
The problem here is that you're completely comfortable cramming into a plane with 100s of other people.
Everybody is quick to be on board with a mask, but we seem to give airlines a pass at social distancing/seat blocking.
Regardless, the data on N95s/Vaccines suggests that you have very solid protection from this virus should you be concerned. Wishing you good health!
It's VERY important to note that the CDC isn't explicitly doing this so they can reinstate the mask mandate, they are doing this to uphold their power to protect public health, which is the whole purpose of the organization. This judgment was really bad because it basically said that the CDC can't enforce anything to protect public health, which is REALLY bad now and in the long run, and not at all in sync with...
It's VERY important to note that the CDC isn't explicitly doing this so they can reinstate the mask mandate, they are doing this to uphold their power to protect public health, which is the whole purpose of the organization. This judgment was really bad because it basically said that the CDC can't enforce anything to protect public health, which is REALLY bad now and in the long run, and not at all in sync with law and intent, we want the CDC to be able to protect public health, and that's what is at stake here.
This has almost nothing to do with the mask mandate and everything to do with protecting the power of the CDC to protect public health, which any reasonable person should want them to be able to do, so don't get your panties twisted over this because it's some fascist power grab to make you wear a mask, this is much bigger than that, and I guarantee it's going to be a disaster going forward if the CDC has no power in this arena.
Thats the thing... they don't have that power. They are not a law-making or mandate-creating agency and are not granted those powers. They have the ability to conduct research and make recommendations to the White House, et. al, but this notion that we need to "protect their power" is nonsense seeing as they have no such power in the first place. They mandate didn't even come from them in the first place (because it can't),...
Thats the thing... they don't have that power. They are not a law-making or mandate-creating agency and are not granted those powers. They have the ability to conduct research and make recommendations to the White House, et. al, but this notion that we need to "protect their power" is nonsense seeing as they have no such power in the first place. They mandate didn't even come from them in the first place (because it can't), it came from an EO. CDC and other agencies implement public health laws *passed by Congress* through Federal Regulations. I implore you to do some reading on government authority among various branches and agencies.
My advanced degree in government says that you don't quite know what you're talking about. Yes, I used CDC as the place filler for this "administration action" because that was easier to understand for most people, but the point is that the fight is over the legal right of the federal government (executive branch specifically) to issue orders to protect the public health, which is a power they've had for a very long time, and...
My advanced degree in government says that you don't quite know what you're talking about. Yes, I used CDC as the place filler for this "administration action" because that was easier to understand for most people, but the point is that the fight is over the legal right of the federal government (executive branch specifically) to issue orders to protect the public health, which is a power they've had for a very long time, and don't need an act of Congress to give it to them, because they already have. The President has broad powers when an emergency is declared, and only a few (less than 10%) of them require congressional approval, the remaining 90% of emergency powers are able to be put into place by the President without permission from Congress. Those broad powers to respond to emergencies are very important, and not things we want to take from the President's arsenal, especially for partisan political reasons. Agencies make rules and regulations all the time without Congress approving, that's their whole purpose, thinking that Congress is involved in every decision granted doesn't come close to reflecting how our government functions.
I hope that the CDC reinstate this. The resulting confusion would be wonderous thing for inflight entertainment.
CDC does not make law. Period. That's what Congress is all about. Moreover, there is no definitive proof that masks work, particularly when you consider the King of Masks said so in an email to a colleague. But then he realized celebrity was at his door if he was willing to peddle fear.
That being said, I do think this will be struck down and ultimately end up in the hands of the Supreme Court. And hopefully like the vax mandate it gets sent on it's way.
>But then he realized celebrity was at his door if he was willing to peddle fear.
Great description of Tucker Carlson, Alex Jones, et al.
I don’t understand how American justice works. Can any judge deem any law unconstitutional and just erase that law unilaterally? And some people think that the legal system in America is normal…
Any judge? No.
Has to be a court with appropriate jurisdiction.
“I don’t understand how American justice works.”
A man’s got to know his limitations.
@Bruce - First off this wasn't really a law, it was an executive order that according to this ruling was outside the authority of the CDC, which is just a government agency that is only given authority through Congress. Real laws are passed through Congress and harder to overturn - In this case if Congress gave the CDC the authority to do this, then the court would likely have a more difficult time to rule...
@Bruce - First off this wasn't really a law, it was an executive order that according to this ruling was outside the authority of the CDC, which is just a government agency that is only given authority through Congress. Real laws are passed through Congress and harder to overturn - In this case if Congress gave the CDC the authority to do this, then the court would likely have a more difficult time to rule against it. That being said, yes any law can be disputed in the federal courts and deemed unconstitutional. This was a lower court ruling, you can take disputes all the way to the Supreme Court, if they are willing to hear it. We call it checks and balances across our branches of government. The individuals who wrote the US Constitution did so in a way to limit tyrannical government and I can tell you most Americans are thankful for that for situations just like this. At the end of the day it was always pretty clear the CDC did not have the authority to tell people to wear masks on airplanes, but until is is challenged in court the law lives on - As Ben states if this does go up to the Supreme Court I would not expect a different ruling on it.
Well you first have to acknowledge that this was NOT a law. The only people who can write and implement law is Congress. This never went through Congress as a federal law. So when FA's would announce that not wearing a mask on a plane is a violation of federal law is actually not true. The mask mandate was never a LAW.
But of course there is a law that gave the CDC the power to create these mandates...
Actually there is no such law that gives the cdc the authority to mandate masks on planes. That is what the whole lawsuit was about, and the judge agreed. My reading of the language is that the administration argument rest on a very tortured language of the actual law that exists.
Again, the Democrat controlled Congress and president could fix this with an actual law whose plain language gives the cdc this authority, but Democrat leaders are too cowardly to do that.
Huge risk to appeal. If they lose, the appellate courts judgment will become precedent and unless it goes to the Supreme Court and they win, it will hamper any future government from engaging in mandates without Congress passing a law. Reckless strategy on part of Biden Administration. But not surprised.
the administration has not made that decision yet, nor the DOJ.
The whole problem is that the Democrats and the media (same thing) politized COVID, masks and vaccines from the beginning in their attempt to get rid of Trump. Now it's backfiring on them because they have lost all creditability. There is no reason to mandate masks anymore, yet the Biden CDC continues to try and control people.
BTW - I have been vaccinated, boosted and I will continue to wear masks on planes etc. Not...
The whole problem is that the Democrats and the media (same thing) politized COVID, masks and vaccines from the beginning in their attempt to get rid of Trump. Now it's backfiring on them because they have lost all creditability. There is no reason to mandate masks anymore, yet the Biden CDC continues to try and control people.
BTW - I have been vaccinated, boosted and I will continue to wear masks on planes etc. Not because the CDC says so, but it's my personal choice. I thought liberals were pro-choice too?
Only in a twilight zone where up is down and right is left would that statement even remotely true because it completely inverts and rewrites recent history.
"...would that statement be even remotely true..."
Wait, this wasn't all an attempt to get rid of Trump? Not the Times article about the "fortified" 2020 election with a mass campaign to get rid of Trump? COVID was easy beans.
Of course none of you realise that it was Trump who started Operation Warp Speed to get vaccines available as quickly as they came out, even though I think we still need some more testing but here we are: I'm hoping it pays off.
Well we have heard from DCS the poster child for the DNC and other followers that Biden is doing what’s in the best interest of the Public. Actually I prefer to think of it as yet another mail in his proverbial re-election coffin!
100% correct your comment. Biden admin acting like Soviet Politburo of the past. The chickens are coming home to roost in Nov.
This is literally the dumbest thing I've heard, but it's not surprising coming form dolts who can't spell and who will spew whatever toxic sludge their version of the metaverse musters up. Really funny to see the right become the very "snowflakes" and reality deniers they're required to rail against. You just can't fix stupid. Hopefully Elon recruits you dummies to colonize Mars.
>The whole problem is that the Democrats and the media (same thing) politized COVID, masks and vaccines from the beginning in their attempt to get rid of Trump.
I'm sorry. Which states lifted all restrictions early in an attempt to prove the pandemic was over?
This is definitely NOT going well...
Jonathan Evans on Twitter: "I had never been shamed for wearing a mask until my @AlaskaAir Orlando-Seattle flight today. The pilot created an anti-mask party from the start, which encouraged the non-mask wearers to chide the mask-wearers. The most uncomfortable experience for me and my family. Really sucked" / Twitter
https://mobile.twitter.com/jhewiz/status/1516605430423728130
If somebody wants to wear a mask they shouldn't be intimidated not to.
Here's another one on Delta,...
This is definitely NOT going well...
Jonathan Evans on Twitter: "I had never been shamed for wearing a mask until my @AlaskaAir Orlando-Seattle flight today. The pilot created an anti-mask party from the start, which encouraged the non-mask wearers to chide the mask-wearers. The most uncomfortable experience for me and my family. Really sucked" / Twitter
https://mobile.twitter.com/jhewiz/status/1516605430423728130
If somebody wants to wear a mask they shouldn't be intimidated not to.
Here's another one on Delta, mask shaming by a pilot:
https://mobile.twitter.com/JeromeAdamsMD/status/1516842036132909058
Just because we're tired of COVID doesn't mean it wnt away. Locally in Central NY cases are back to late January levels and hospitalizations have doubled in the past 2 weeks.
I’m democrat voter for long time but CDC’s addiction to power which make them keeping mandates and testing requirement way beyond useful purposes and it’s not effective. However, I would not vote democrats who openly support nonsense Covid restrictions when there are effective treatments and vaccinations out there.
It’s beyond infuriating that americans could cross borders without negative tests but subject to bs tests if they fly to USA. Current CDC director is a...
I’m democrat voter for long time but CDC’s addiction to power which make them keeping mandates and testing requirement way beyond useful purposes and it’s not effective. However, I would not vote democrats who openly support nonsense Covid restrictions when there are effective treatments and vaccinations out there.
It’s beyond infuriating that americans could cross borders without negative tests but subject to bs tests if they fly to USA. Current CDC director is a national embarrassment and hurts Biden politically IMO.
This is not about bringing back the mask mandate, Fatty. The headline to this article is misleading. It's about maintaining CDC's authority to promote public health policy moving forward, based on science and empirical evidence, regardless of their director or the administration. Perhaps you preferred the prior administration's guidance to drink bleach and take horse meds?
The administration could simply have let the partisan FL judge’s ruling stand and it would have “won.” Then why snatch a probable defeat from the jaws of victory? Because Biden believes that doing the right thing for the people is both good policy and good politics, a position that is sure to create a deafening cognitive dissonance in his detractors who believe that the current administration is as driven by politics as was the last.
...The administration could simply have let the partisan FL judge’s ruling stand and it would have “won.” Then why snatch a probable defeat from the jaws of victory? Because Biden believes that doing the right thing for the people is both good policy and good politics, a position that is sure to create a deafening cognitive dissonance in his detractors who believe that the current administration is as driven by politics as was the last.
I am getting the popcorn ready in anticipation of contortions to try to square MAGA's politics ist alles worldview with this clear evidence that Biden may actually care more about public good than being reelected, and that politics does not trump all.
"Don't underestimate Joe's ability to f_ck things up," President Obama - 2020
That is the type of contortions I referred to.
@DCS
The fact you have set yourself up to comment on, and then actually proceed to respond to every comment (no matter how trivial) makes me think even you're not too sure of the validity of your 'argument'. Silence is golden, or don't they teach that at those 'top Ivy League' universities these days? LOL
Common sense: keep silent and you tacitly acquiesce.
The interesting thing will be to see if they request a stay of the lower court's order. If the concern is mostly precedent they could file an appeal, wait for the mask mandate to expire in May, and then move to vacate the lower court's opinion on the basis of mootness. If they are serious about reinstating the mass mandate, though, I assume they will ask for a stay.
I flew yesterday IAD-DTW, 95%...
The interesting thing will be to see if they request a stay of the lower court's order. If the concern is mostly precedent they could file an appeal, wait for the mask mandate to expire in May, and then move to vacate the lower court's opinion on the basis of mootness. If they are serious about reinstating the mass mandate, though, I assume they will ask for a stay.
I flew yesterday IAD-DTW, 95% were not wearing masks on my flight and did not see any crew wearing one in either airport. Hopefully the administration has enough sense to see where the wind is blowing on this.
They did not immediately request a stay. I agree with the assessment that CDC/DOJ are appealing to preserve their ability to enact stuff like mask mandates in the future, rather than to bring it back right now.
CDC taking a huge risk in my opinion. How can they justify the rule with current COVID cases and hospitalization rates? This is a dumb political move they are risking having conservative courts restrict their powers further. Accept the ruling and when cases warrant further public health intervention, consider it then.
Dumb, risky, counterproductive, and reckless? In other words, just more of the same from this administration.
This basically proves the CDC had no intention of ending the mandate on May 3. They already knew cases of ba.2 or whatever will gradually rise some more by then giving cover to keep making new extensions, and now if that power is being stripped away they are crying!
What a bunch of pathetic morons, holy cow
Common sense would have the mask mandate remain in place and everyone would simply follow it out of civic duty and basic intelligence, but we don't live in a world where either have a place any longer and so the issue volleys back and forth between courts, an American sport and in a nation where the only thing more important than money, power, political affiliation, sex, and fame is the warped perception of personal freedom....
Common sense would have the mask mandate remain in place and everyone would simply follow it out of civic duty and basic intelligence, but we don't live in a world where either have a place any longer and so the issue volleys back and forth between courts, an American sport and in a nation where the only thing more important than money, power, political affiliation, sex, and fame is the warped perception of personal freedom. How that nation thinks it is still the beacon and flag bearer of democracy for the world is a serious head scratcher.
Sorry, the head scratcher is your perception of civic duty and basic intelligence here.
The fundamental issue they invoke is ‘preserving the power of CDC’. That is a slippery slope because the CDC does not have the power to mandate to the general population. Never had. It is the legislative power that does. The legislative power is elected, the CDC is nominated. Sorry to sound like I am oversimplifying but THAT is a fundamental...
Sorry, the head scratcher is your perception of civic duty and basic intelligence here.
The fundamental issue they invoke is ‘preserving the power of CDC’. That is a slippery slope because the CDC does not have the power to mandate to the general population. Never had. It is the legislative power that does. The legislative power is elected, the CDC is nominated. Sorry to sound like I am oversimplifying but THAT is a fundamental democratic principle. Not a warped perception. Even science is not superior to democracy when it comes to public and private affairs. As of today, a doctor, no matter how competent, cannot mandate a procedure or a prescription even if way more lifesaving than a mask on a plane. And you and I, citizens of a free world, can choose to wear a mask or not to undergo a procedure.
Yes, the CDC does have broad powers to take public health related actions. That power comes from Congress, which wrote it into law. Congress also has the ability to curtail these powers. As of yet, they have not.
A Trump-appointed judge with little experience is now legislating from the bench, but somehow the usual quarters are quiet about activist judges today.
The judge found that the mask rule exceeded the statutory authority that Congress has delegated to the CDC under the 1944 Public Health Services Act, 42 U.S.C. § 246(a).
How is that legislating from the bench? Making rules outside delegated statutory authority is akin to legislating from the CDC. And they are not allowed to do that. If this is such a big issue let the Congress expand the CDC’s authority.
But this is certainly not legislating from the bench.
Because the judge used a hilariously narrow and aged definition of the word "sanitation" as it relates to the CDC's charter to build her entire "case" on. See the ARS Technica article, which goes more in depth: https://arstechnica.com/science/2022/04/wearing-a-mask-cleans-nothing-florida-judge-vacates-cdc-travel-mask-mandate/
Read the relevant portion of the statute, in particular the last line:
"The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the...
Read the relevant portion of the statute, in particular the last line:
"The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary."
The judge's ruling focused squarely on the fact that masks are not sanitation measures (ie, they don't clean anything), when the legislation clearly provides for the use "other measures" - a fact that her judgement ignored.
With this legislation, Congress clearly intended to provide wide latitude to take measures to protect public health. But it didn't suit the opinion of the judge, so she ruled against it. Looks like legislating from the bench to me...
The problem is the CDC put in place a mandate with no evidence to support the routine use of masks out of “an abundance of caution” and then proceeded to do absolutely zero research to see if the intervention actually worked.
The CDC failed all Americans when over a two year period of time they ran zero randomized cluster controlled studies to see if masks worked, which masks worked, under what circumstances masks worked,...
The problem is the CDC put in place a mandate with no evidence to support the routine use of masks out of “an abundance of caution” and then proceeded to do absolutely zero research to see if the intervention actually worked.
The CDC failed all Americans when over a two year period of time they ran zero randomized cluster controlled studies to see if masks worked, which masks worked, under what circumstances masks worked, and for what age groups masks worked.
Since the CDC failed in that responsibility there is going to be a response, to include curtailing of
Their authority. That’s how it works when you screw things up.
>The CDC failed all Americans when over a two year period of time they ran zero randomized cluster controlled studies to see if masks worked, which masks worked, under what circumstances masks worked, and for what age groups masks worked.
I see you're an avid follower of Vinay Prasad.
I certianly am. In this instance Dr Prasad is absolutely right.
This is a very American thing to have this dragged through the courts.
If the CDCs wish gets granted, it will be a disaster, especially for the airline and airport employees. I, for one, plan to not wear a mask again in the US. The confusion and inability to enforce mandates that go into place then drop off will be the end of this.
End the ridiculous testing requirement to get back in the US! Follow the money on that one with the test kit CEO and the...
If the CDCs wish gets granted, it will be a disaster, especially for the airline and airport employees. I, for one, plan to not wear a mask again in the US. The confusion and inability to enforce mandates that go into place then drop off will be the end of this.
End the ridiculous testing requirement to get back in the US! Follow the money on that one with the test kit CEO and the administration.
Oh, that’s right, COVID cannot be carried across land or sea borders, walking, driving or boating across boarders but those nasty airplanes are full of virus