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The Hazard-Filled Ruling on the Transportation Mask Mandate

The New Yorker

"At first blush," Judge Kathryn Kimball Mizelle wrote in her order, on Monday, throwing out the federal mask mandate for people using public conveyances--planes, trains, Ubers--it might appear that the mandate was rather "closely related to the powers granted" to the federal health authorities by law. Indeed, it appears, at any blush, to be intimately related, which is why the ruling issued by Mizelle, a federal district-court judge based in Tampa, Florida, is so alarming. The Public Health Service Act of 1944 gives federal health authorities broad powers "to prevent the introduction, transmission, or spread of communicable diseases" by means of interstate modes of transport, and to do so by establishing rules related to "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," as well as by "other measures" that in their "judgment may be necessary." Mizelle's ruling, which inspired social-media videos of people gleefully unmasking on airplanes, was sudden and startlingly broad. She did not rely on narrow ground such as the fact that, at this stage in the COVID-19 crisis, hospitalization rates are low and vaccines are widely available, and so a transportation mask mandate might no longer be justified. Instead, she found that the Centers for Disease Control and Prevention never had the power to issue such a mandate and thus would not be able to do so in the future, no matter the shape of a future pandemic.


Conservative radio host unloads on liberals' need for control exemplified in outrage over mask mandate ruling

FOX News

Liberal media outlets slammed the federal judge who nixed the CDC plane and transit mask rule and worried about how the change would affect the COVID-19 pandemic. The outrage expressed by liberals after a judge nixed the federal mask mandate exemplifies their consistent need to control aspects of people's lives, former Rush Limbaugh guest host Ken Matthews said. Airlines and other interstate transit modes including Amtrak also dropped their mandate policies in concert with the ruling. During Tuesday's episode of his syndicated program "The Ken Matthews Show," Matthews said the ruling, handed down by Judge Kathryn Kimball Mizelle, essentially declared the "ends cannot justify the means" in a federal order. "You cannot break the law in pursuit of something you believe is the right thing to do. That's not how it works when there's a Constitution," Matthews said.


The Ruling Against the Airplane Mask Mandate Could Make Future Pandemics Worse

Slate

On Monday, Judge Kathryn Kimball Mizelle struck down the CDC's public transportation mask mandate--and, in the process, rendered the United States even more unprepared for the next pandemic. With a pandemic still raging on, and COVID cases slowly ticking upward again in major cities, it may be hard to imagine a separate future pandemic. But another virus will undoubtedly make its way across the globe. And if the CDC's muddled handling of this current pandemic is any indication, we're absolutely not ready for the next one. To understand why, let's start with our current pandemic. With Mizelle's ruling, we've lost a critical tool in preventing the spread of the highly transmissible respiratory virus that has killed nearly one million Americans.


DOJ asks court to reverse rule lifting requirement for COVID masks on public transportation

FOX News

Dr. Janette Nesheiwat weighs in on the reported 28% increase of COVID cases over the past two weeks in the United States on'Fox News Live.' The U.S. Justice Department on Tuesday asked a federal appeals court to overturn a U.S. District Court judge's order that declared a government mandate requiring masks on public transportation unlawful, according to a report. A federal judge in April voided the Biden administration's mask mandate for travelers using public transportation such as trains and airplanes. The mandate from the Centers for Disease Control and Prevention (CDC) applied to people as young as 2-years-old. FILE: A United Airlines worker assists travelers after the Biden administration announced it would no longer enforce a U.S. coronavirus disease (COVID-19) mask mandate on public transportation, at Ronald Reagan Washington National Airport in Arlington, Virginia, U.S. (REUTERS/Kevin Lamarque/File Photo) After the judge's ruling the DOJ said it would appeal the judge's ruling if the CDC deemed it necessary.


Airline passengers celebrating mask mandate decision puts Biden in a tough spot

FOX News

Author of'Nation of Victims' Vivek Ramaswamy comments on the end of mask mandates for public transportation and Elon Musk's fight against the'managerial class' in his bid to buy Twitter on'America's Newsroom.' A curious thing happened this week after a federal judge struck down the Biden administration's mask mandate for airplanes and mass transportation: nothing. In such high-profile litigation, the Justice Department will often announce an emergency appeal to stay the order of the lower court pending an appellate review. Instead, the administration said it was studying the opinion but that the mandate was no longer in effect. When U.S. District Judge Kathryn Kimball Mizelle in Tampa ruled that the Centers for Disease Control and Prevention exceeded its authority to ordering masks for mass transportation, many of us expected an immediate announcement of an appeal.