Federal Judge Overturns Biden Administration’s Transportation Mask Mandate

By CAROLINE DOWNEY – April 18, 2022 – for National Review

My cmnt: The Libs scream, “What about the million Covid deaths? Don’t you care about that?” They are conflating issues here. The million Covid deaths – which is a number greatly exaggerated by hospitals as they listed anyone WITH Covid, regardless of the reason they were admitted to the hospital or what they actually died from, as dying FROM Covid – were not prevented by Biden’s masking requirements. The vast, vast majority of Covid deaths were among those 75 and older or those with comorbidities like untreated diabetes, the immunocompromised, and the obese.

My cmnt: Believing that a mask kept you from getting Covid because you did not get Covid and regularly masked is like believing that the garlic ring you wear nightly to bed kept you from being bitten by a vampire because you didn’t get bitten by a vampire. In other words it is pure superstition and superstitious reasoning.

My cmnt: And I must point out once again – the Libs have allowed Covid-infected illegal immigrants to cross our borders by the 100s of thousands without either a mask nor a vaccination. Why? Because they know it doesn’t matter about stopping the spread or preventing deaths from Covid but it does allow millions of undocumented democrats to potentially vote in the next elections. It was the same with the Libs condoning and applauding BLM protests and riots in the summer of Covid-love 2020 because, as they said, the protests were more important than alleged public safety from mass spreader events.

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.”

As of early Monday evening, Biden administration officials confirmed that the mandate has been voided and is no longer enforceable by the relevant agencies.

“Today’s court decision means CDC’s public transportation masking order is not in effect at this time. Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time,” according to a statement obtained by RealClearNews reporter Philip Wegmann.

Mizelle, who was appointed by former president Donald Trump in 2020, found that the mandate is full of contradictions and lacks specificity. For instance, it “did not differentiate between kinds of masks based on their efficacy at blocking transmission.” The rule did not discriminate between cloth masks or N-95 medical grade masks, including only a footnote directing readers to CDC guidance on “attributes of acceptable masks.”

The ruling comes days after the Biden administration again extended the transportation mask mandate for two weeks, marking the fifth time the mandate has been extended since it was initially enacted.

Mizelle also found that the CDC’s power to impose the mandate had to be derived from a specific line of the Public Health Services Act, which allows public health measures that provide for “inspection, fumigation, disinfection, sanitation, pest extermination, destruction, . . . and other measures.” The government claimed the mask mandate fell under the umbrella “sanitation” clause, an assessment the plaintiffs disputed and Mizelle ultimately rejected on the grounds that “sanitation” is strictly limited to cleaning measures.

“Wearing a mask cleans nothing. At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the convenance. Because the CDC required mask wearing as a measure to keep something clean — explaining that it limits the spread of Covid-19 through prevention, but never contending that it actively destroys or removes it — the Mask Mandate falls outside of §264(a),” the order reads.

The lawsuit was filed in July on behalf of the Health Freedom Defense Fund, an advocacy group that opposes public health mandates, along with Ana Daza, and Sarah Pope, who claim their travel anxiety was exacerbated by the mask requirement. The suit originally named President Biden, Secretary of Health and Human Services Xavier Becerra, top CDC officials, and the CDC generally. Biden was later dropped as a defendant in the case.

In their amended complaint, the plaintiffs argued that the mandate exceeded the CDC’s power but even if it were statutorily authorized, that Congress inappropriately transferred legislative power to the CDC. Their third allegation was that the CDC had no grounds to invoke “the good cause exception to avoid the notice and comment procedures required under the APA.” Lastly, they claimed that the mask mandate was capricious and arbitrary, which Mizelle also agreed with. She wrote that the CDC failed the reasoned-explanation standard for imposing the mask mandate.

In March, a number of major airline CEOs called on the Biden administration to lift the transportation mask mandate as well as the Covid-test requirement for air travel, citing low case numbers and severity nationwide.

Judge Jeanine slams ‘politicized’ CDC’s attempt to appeal transit mask mandate

Judge Kathryn Kimball Mizelle has become public enemy number one, says Pirro

By Fox News Staff | Fox News – April 20, 2022 – for foxnews.com

Fox News host Judge Jeanine Pirro called the CDC’s effort to appeal the transit mask mandate an attempt to “wrench freedom and personal choice away from Americans” on Wednesday’s “Jesse Watters Primetime.”

JEANINE PIRRO: According to reports, the CDC is urging the Department of Justice to appeal a Florida judge’s ruling to invalidate the federal mask mandate for public transportation. This appeal is a brazen attempt by a deeply politicized and corrupt CDC to wrench freedom and personal choice away from Americans. They say masks on planes and trains are necessary for public health due to COVID.

… 

The minute the judge made this ruling, the Biden administration had their fists up ready to fight. 

It’s all about preserving their power. But what else could we expect from such a politicized CDC? Just look at what they did to our schools. Classrooms were shut down for over a year, and kids remained muzzled for way too long. All thanks to the cozy relationship between the CDC and the teachers unions, especially the United Federation of Teachers, who colluded with the White House to influence the CDC’s guidance for schools. They came up with policies that had little to do with science and everything to do with politics, and the agency is now playing politics at our border as well. CDC Director Rochelle Walensky announced that she would no longer authorize Title 42 at our southern border, effective May 23, which would trigger a giant surge of migrants. So if the CDC no longer thinks COVID is an issue at the border, then why do they think it’s a problem on airplanes? We know one thing about the CDC, under Joe Biden it’s a politicized agency, and it completely destroyed its credibility over the last year. So the question is, can we really rely on the CDC’s regulations or opinions, given its shameful track record? 

While the CDC was double-checking the science before telling the DOJ to file an appeal, the left was busy losing their mind over the judge who made the decision. U.S. District Judge Kathryn Kimball Mizelle of Florida, has become public enemy number one to liberals and the left-wing media. They aren’t getting their way. They want masks on planes forever, so it’s time to blame someone, and who better than the 35-year-old judge appointed by Donald Trump? That’s all the Left can focus on. They don’t care at all about the legal reasoning or the comprehensive rationale in Judge Mizelle’s 59-page opinion. No, all they care about is that she’s too young and too conservative. 

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