The Biden administration’s federal transportation mask mandate, covering air, rail, business and related travel, was struck down in federal court on Monday. Here’s the decision.
I laid out the argument back in March 2021 why the federal mask mandate exceeded the CDC’s statutory authority. The Supreme Court clearly articulated these same principles when it overturned the CDC eviction ban.
While various cases against the mask mandate have wound through the courts, I didn’t expect a ruling on the merits since the regulation was set to expire today but last week extended – for just two weeks.
- Judge Mizelle ruled the CDC lacked the authority to impose the mask mandate under the Public Health Services Act of 1944, which provides for powers involving “inspection, fumigation, disinfection, sanitation, pest extermination [and] destruction” in order to limit disease transmission.
- The mandate was deemed “arbitrary and capricious” since it didn’t sufficiently explain its reasoning (think: why on planes and not elsewhere, why cloth masks).
- The rule was sent back to the CDC for further deliberation.
The CEOs of major U.S. airlines have all asked for the mask mandate to be lifted along with testing requirements to fly to the U.S. The Senate has voted to end the mask mandate but the House will not take up the matter, so President Biden won’t be in a position of having to veto that legislation.
Congress has certainly shown itself capable of voting on masks, and could have voted to give this power to CDC. It did not. However this federal district court ruling may not be the legal end of the discussion, and the mandate will likely lapse and the case becomes moot before reaching ultimate adjudication.
Update: As an absolute non-expert here (and some of my readers are), I’d imagine that (1) mask rules still apply on planes, airline rules haven’t changed; (2) the administration appeals and lets the mandate expire (assuming to massive spike in cases or hospitalizations over the next two weeks), which moots the case, avoiding risk of a higher court precedent limiting federal power.
Although commenter Erik makes the point that if the administration doesn’t appeal, just says ‘it was going to end in two weeks anyway’ they can then say they couldn’t extend it because the courts took their power to do so away. Then they don’t bear the risk of an awkward look, having removed a restriction, if cases go back up.
No doubt it will be appealed, but if reinstated, how do the airlines put that horse back in the barn? I suspect there are already people on the planes or at the airports who have heard this & ripped off their masks (& I don’t just mean the airline employees, btw).
Long over due in my opinion-wear it if you want, but that should be the extent of it at this point.
I only wear a mask when going through security, boarding and on the plane. I don’t wear mask inside the airport. I have only been approached once by a policeman and I travel weekly.
Print this ruling and carry it with you with no mask on. If asked by TSA to put on a mask at security- have them read it and challenge them (politely). This is a legal ruling and they must stand down – no?
Hopefully the airlines will seize on this as well and stop the madness.
This judge is a hero
This ruling is long overdue. I am sure that the Merrick Garland Justice Department will use every available avenue to appeal this judge’s ruling and have it struck down. Don’t celebrate yet, the federal government Covid zealots will not give up easily. Expect Fauci and his CDC allies to throw a tantrum.
The administration hasn’t gotten the timing of anything they have done right. The CDC’s credibility has been destroyed by repeatedly engaging in political rather than scientific based guidance. There is no more justification for a 15 day extension than there was for allowing masks to be removed for drinking and eating. If people are truly contagious, then keeping high quality masks on all the time is the only right thing to do – but that has never been the case.
Whether the feds appeal the decision or not, the primary purpose might well be to sow so much distrust in the law and the process that the admin has no choice but to repeal it – which should have happened weeks ago.
Tim Dunn….Well said, agree completely
The Mask Nazis are not happy with freedom.
The Biden Regime will double down and do everything in their power to beat the public into submission.
David Stone-the airlines want is repealed & have petitioned for just that. Sara Nelson, of course, is a completely different story, but then so is her agenda.
So, what does Papa Joe do? Common sense would be to simply not fight it and blame a dirty Republican who appointed the judge and be done with it. But, Papa Joe only does what left wing nut cases want…..
Probably racing their limos over to the appeals court.
If they had any sense, they’d say, oh we wanted to extend it, but the courts overruled it and let it go.
I sometimes wore a mask on board long before covid. Anyone wanting to, feel free to do so.
Now, on to.the 1 day test nonsense.
Wish I was on a plane right now to give the finger to all the covid cultists. FINALLY A WIN FOR FREEDOM!
That final order is immediately effective.
The federal court order stands during an appeal unless the trial court stays it (it didn’t) or the court of appeal does, which is rare.
Nothing stops an airline, however, from imposing its own mask order as a private enterprise. Based on the position taken by airline CEOs, that is unlikely.
Yes, I am a lawyer.
Maybe consider a guest post on how to get Paxlovid? Shockingly effective antiviral with minimal side effects among both the unvaxxed and the vaxxed, widely recommended for folks with many risk factors.
(1) test positive
(2) ASAP get telemedicine (think plushcare or emed), or use the US test to treat site to find a Minute Clinic, and get Paxlovid Rx’d after answering a short questionnaire and doing screening
(3) fill the Rx — easy federal site to find places with available doses and generally easy to find b/c most GPs, urgent cares, and ERs are not Rx’ing it, especially in red states
(4) take for 5 days and voila, covid is less dangerous than one 500 mile drive.
Don’t forget to discontinue other medications during the 5 day dose (some statins for example) and maybe get yourself a recent blood screen for kidney/liver function but not a huge deal.
Best to have a plan for this in advance as it can be a little unnerving to see that extra line in the rapid antigen test and not know what to do next 🙂
We’ll be doing this every 6-12 months forever as we get reinfected but any serious traveler is going to have to deal with it soon while the infrastructure is still shaky.
@ TIME — Nothing “nut job” about a mask mandate to save lives. Granted, I don’t care if they lift the mandate, but implementation of the mandate in the first place was not “nut job”. Nut job is saying that you can inject bleach to kill COVID.
So when are the airlines going to make it clear to their crews the mandate is no longer enforceable
Man the past two years has really done a number on many of you. I’d get some help, just talk to your doctor.
@Gene
LOL! You’re funny!
Oh, and NO ONE said to inject bleach except for the lying media. Get it right!
@Gene: You are talking out of both sides of your mouth. I guess TDS does that to some people.
@ Amazing Larry — You are correct. I just watched the video of said idiot, and he suggested injecting “disinfectant” not bleach. Thank you for correcting me.
@ 1K Brad — Let me state it more simply for you: Wearing masks saves lives. Injecting disinfectant kills. How am I “talking out of both sides of my mouth?”
” The CDC’s credibility has been destroyed” Dead on! And I doubt they even know it.
Flew IAD – ACC today. Only time I had to wear a mask was in IAD and on the plane. Stripped the mask off the second I stepped off the plane. Imagine that. Africans are ahead of our senile president and his lucky Fauci.
I think the administration may not appeal this. This might actually be advantageous for them. They have wanted to get rid of masks, but have been too scared to actually do it in case it backfired. Now the masks go away and they have an out that it wasn’t their decision, they were forced to do it, if things go bad with the virus.
@Erik I think you’re right about tbis. The corrupt administration has an “out” that allows them to appear to affect change without actually taking action. Additionally they can blame any new surge on the R’s and make appointed judges and Florida the newest gaslighting fad. They’re absolutely corrupt, spineless and dishonest enough to do just this
Much as I respect many of the people in the CDC who really do care about public health, they did overreach with this one. But then everyone was in a panic at the time, and scared people don’t make good decisions. The problem is when institutions become wedded to bad procedures it is hard to change them. I find their serious “levels” of infection by country to be like the boy who cried wolf. One in 500? 1000? 2000? After a while nobody will listen to their careful parsing of questionable data. Be vaccinated and travel. Maybe the testing to reenter the U.S. will quietly die too and the feds will pretend none of this ever happened. If so, they’re welcome to that.
If the administration wanted to save face they would just not appeal and say, “welp a federal judge made this ruling so we have to go along with it.” Gives them an out and removes them from having to make the decision.
What a GREAT day! Buh bye masks and the ignorant clowns who wear them!
I suppose now the only part of my travel as of now to be forced for masks when applicable is the uber/lyft ride to and from the airport. I’d choose a otherwise inconvenient public bus or train to the airport with gazillion stops over a uber ride if it means the difference between wearing a mask or not having to!
Gene once again carrying the biden’s water by lying about what Trump really said about disinfectants.
LONG LIVE MASK TYRANNY – sayeth the biden administration
@Alan…“The beatings will continue until morale improves.”
It’s just a mask… though I guess someone will reply saying I’m a sheep and there’s no scientific evidence that masks work
“First they’ll make you wear a mask and then the government will have strip-check mandates!!! It’s literally like the Holocaust all over again”
@Gene:
“Wearing masks saves lives.”
“I don’t care if they lift the mandate”
Talking out of both sides of your TDS mouth,
@Gene
LOL! Wrong again, Sparky…. but thanks for playing!
The TDS is strong in this one….
*rolleyes”
Freedom= 1
Mask Karen’s (flight attendants)= 0
It was striking after having spent a week in the UK with hardly a mask in sight up until boarding at Heathrow back to the US whereupon it was time to mask up again due to this silly rule. It was a nice break!
Two friends and a family member died from COVID, in all cases they refused to wear a mask and berated anyone wearing a mask. It is difficult to understand why so many people are ready to fight denigrate others for the citing “freedom” as a reason to ignore a simple measure to reduce the spread of a deadly disease. It reminds me of the Aids epidemic, as long as it was only killing “homos” it was nothing to worry about and if someone got aids they were shamed.
Luke, if this ruling stands I bet you Uber and Lyft will soon drop the requirement too. Last trip I had half the drivers were happy to ignore the rule when I said it didn’t matter to me. With the momentum of change occurring I can’t see that any transportation company will continue it longer than required.
BREAKING: Alaska Airlines just announced masks are optional.
https://news.alaskaair.com/guest-experience/face-masks-optional-on-planes-in-airports-april-2022-guidance/
So we are basically back to before the federal mask mandate went into effect where airlines set their own rules on mask wearing. This was more effective and less problematic. It’s a good change.
United Airlines apparently announced they will continue to enforce masks regardless of today’s overruling. Concerned other airlines will follow them (perhaps southwest will be an exception?) Time for revolt and boycotts!
https://www.foxbusiness.com/politics/united-airlines-covid-masks-remain-federal-judge-blocks-bidens-mask-mandate
And here we go..
United has stayed it will continue to require masks.
Delta has said it will continue to follow the TSA Security Directive until it receives different info from TSA
The White House has supposedly informed TSA to honor the court ruling.
Meanwhile TSA says it is no longer enforcing wearing masks.
And Sara Nelson is bloviating, as usual.
What’s with United Airlines, weren’t they part of the group of airline CEO’S that were pressuring the Biden administration to drop the mask mandate? Seems like United is talking out of both sides of its mouth!!!
@Daryl
I think waiting to see if it will be appealed. So they don’t have to see saw customers.
Plus airlines are free to make their OWN rules on masks. Would be stupid to continue if everyone else drops.
I am here for the comments
@Mark P:
I’m sorry for your loss.
The problem is that you assume that, if they just wore masks, they would still be alive.
That very likely isn’t so. Studies have demonstrated that masks are ineffective against Covid:
centerforneurologyandspine.com/do-masks-work-see-the-review-of-over-150-studies-below/
Probably why states who no or weak mask mandates do not have significantly higher rates of infection or death from Covid.
You want to wear a mask? Knock yourself out.
But don’t presume to be able to tell others how to lead their lives.
United, American, Delta and Alaska have now announced that masks are no longer required except to international destinations that require it, e.g., Singapore.
I’m a Delta Flight attendant. It was such a great moment today mid flight the pilots announced that Delta said immediately all crew and passengers can remove their mask if they want. I can’t explain the happiness I felt. I’ve been so drained by my colleagues acting like immature bullies and being mean and rude to passengers. Although I don’t condone violence there is a very good reason some of these flight attendants got beat up or verbally violated.
I hate to see that people assume all flight attendants are mask nazi because I’m not.
From the jump I never told anyone to put their mask on unless I had Karen ring her bell and point out people on the airplane. I was so sick of listening to stupid pa’s being made by mostly 21-28 year olds who aren’t parents who aren’t homeowners who really are just kids themselves. I’m a father and 37 and got no time to be belittling people on the plane just because they aren’t cool with a mask.
Additionally, I see people say stop complaining about wearing a mask like it’s no big deal. Well guess what, I have to wear it for 10 plus hours a day, and also I wear it all the way until I’m in my hotel room. It’s completely different when you look at it that way it’s completely overkill.
As far as protecting people, I don’t care! I’m sorry but if you’re compromised wear yo mask and stay off the plane. If you want a mask then wear one just quit forcing it on me. Oh little did y’all know some of us actually think like this. Please next time you’re on the airplane understand we’re not all retarded libs foaming at the mouth to yell as people for having their mask off for 2 seconds. Non of this ever made sense and I was never scared but hey I’m just one guy. I look at this website almost daily as it’s interesting because I am a flight attendant. Just do me a favor folks, not every flight attendant is a sissy la la! Oh and one more thing I find interesting, the main people who want the masks are females and gay flight attendants. Im a straight dude and I just want to live and let live. I truly feel more free now and im excited again to go to work and interact with passengers. It’s making me smile looking at my colleagues crying in their minds. One super feminine guy today said this whole thing is racist. Wow really, im mixed and I just don’t understand these peoples sick thinking. It’s gotta be a struggle to live life when you think everything and everyone who doesn’t agree with you is a racist and homophobe. Cheers everyone, just know you have good people working in flight unfortunately we’re silenced by all these people desperate for a safe space! Good night.
U.S. District Judge Kathryn Kimball Mizelle cited the constitutional right of all persons to spew virus and spittle as the “basic freedom to infect.”
It’s time. The metric to use now is hospitalizations and deaths, not cases. If hospitalizations and deaths do go up significantly at some point, it will be time to revisit targeted, science-based regulations. But it’s long past time to have an “everybody has to wear a mask but it doesn’t matter whether it’s a good one or not because a year and half ago we didn’t know better” policies. The focus should be on vaccines. Masks were always a poor second-best for Covid protection once vaccines became readily available. Next, end the 24-hour testing requirement to return to the U.S., born of panic when when cases, hospitalizations and deaths were many times what they are now.
@ 1K Brad — Masks have an effectiveness greater than zero. They are a good tool to have in the arsenal under the appropriate circumstances. Why does that fact seem to bother you?