A federal judge from Florida has struck down the federal mask mandate for publication transportation, including airplanes, trains, buses, and others, on Monday, less than a week after the Centers for Disease Control and Prevention (CDC) extended it to May 3.
An appointee of former United States President Donald Trump, Judge Kathryn Kimball Mizelle, wrote in a 59-page decision to void the mask mandate. It would affect public transportation nationwide on several grounds, including that the CDC exceeded its legal authority under the Public Health Services Act of 1944.
Judge Blocks Mask Mandate
Due to the judge's ruling, the mask requirement will not be in effect, and the Transportation Security Administration will not enforce it. A senior administration official for United States President Joe Biden said that the Democrat was still reviewing the decision and discussing whether or not to appeal it. He added that the CDC recommends that residents wear face masks in enclosed public transportation settings.
Mizelle's ruling will leave the responsibility of deciding what to do to individual airlines and local transit agencies, with some already dropping the mandate. On Monday night, United Airlines announced that it would no longer require masks in American airports or on flights within the U.S. and a few flights internationally, as per the New York Times.
The judge's ruling blocks the mandate of the CDC that applies to people as young as two years old and has expired and extended multiple times. The decision came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope.
Judge Mizelle also found that the mandate violated the Administrative Procedure Act when it exceeded its legal authority. She called the action "arbitrary" and "capricious" and argued that it did not go through the required notice and comment period for federal rulemaking.
According to Fox News, the judge examined the section of the Public Health Services Act of 1944, which was used as a basis for the mandate. It allowed the health agency to "make and enforce such regulations" as deemed necessary to prevent the "introduction, transmission, or spread of communicable disease from foreign countries into the State."
Effects on Public Transportation
The ruling adds fresh confusion to masking mandates across the United States, and it remains unclear whether or not the Justice Department would seek an order to halt the ruling and file an appeal.
On Monday afternoon, White House spokesperson Jen Psaki said that Judge Mizeelle's ruling was a "disappointing" decision. She added that the Justice Department would make any determinations about a legal response in the near future.
Psaki also said that in the meantime, the White House was not trying to "provoke uncertainty with passengers" by not providing an immediate response. The official added that the Biden administration urges airlines to impose mask mandates.
"So, we would say to anyone sitting out there, recommend you wear masks on the airplane, and as soon as we can provide an update from here, hopefully soon, we'll provide that to all of you," said Psaki, CNN reported.
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