Judge Throws Out Federal Mask Mandate for Public Transportation
Federal judge in Florida says the Biden administration’s Covid-19 mandate exceeds the CDC’s authority
Passengers at Florida’s Tampa International Airport last month.PHOTO: ARIELLE BADER/TAMPA BAY TIMES/ZUMA PRESS
By
Jacob Gershman
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Updated Apr. 18, 2022 3:15 pm ET
A federal judge in Florida on Monday declared that the Biden administration’s Covid-19 mask mandate for public transportation is unlawful, invalidating a regulation that required travelers in the U.S. to wear masks on airplanes, trains, taxis, buses and other forms of public transit.
U.S. District Judge Kathryn Kimball Mizelle in Tampa said the mandate exceeded the authority granted to the Centers for Disease Control and Prevention under federal public health law.
Judge Mizelle, a President
Donald Trump appointee, said Congress had never clearly given the CDC the power to issue population-wide preventive public-health measures like the mask mandate.
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Because the CDC acted beyond its authority, “the court must hold unlawful and set aside the mask mandate as an agency action that is not in accordance with law,” Judge Mizelle wrote in a
59-page opinion.
The judge’s ruling came days after the Biden administration
extended the transportation mask mandate through May 3 after it was set to expire Monday.
Travelers and commuters in the U.S. have been required to wear masks over their mouths and noses on nearly all forms of public transportation and inside transportation hubs
since early last year.
The mask policy, like many of the Biden administration’s Covid-19 mandates, came under legal fire from Republicans and other critics. Opponents of the mandate have argued that the mask requirement is an unlawful and heavy-handed precaution that is out of step with a recent easing of pandemic restrictions amid declining rates of Covid cases and hospitalizations.
Judge Mizelle’s ruling came in a case brought by Health Freedom Defense Fund, an Idaho-based nonprofit legal group that advocates against mask and vaccine mandates, and two Florida residents.
The CDC has said wearing masks on public transit reduces the spread of the coronavirus. To support the emergency measure, the Biden administration invoked a federal statute dating from the 1940s that authorizes the surgeon general “to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases” from abroad or between the states.
A Justice Department spokeswoman said the department was reviewing the ruling but declined to comment further. The White House didn’t immediately respond to a request for comment.