Federal judge voids mask mandate on planes, public transit. Mandate Exceeded Their Authority
A federal judge in Florida has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials.
The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention (CDC) improperly failed to justify its decision and did not follow proper rulemaking according to the Administrative Procedure Act (APA).
“The court concludes that the mask mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA,” the judge wrote. “Accordingly, the court vacates the mandate and remands it to the CDC.”
The CDC recently extended the mask mandate, which was set to expire on April 18, until May 3 to allow more time to study the BA.2 omicron subvariant of the coronavirus that is now responsible for the vast majority of cases in the U.S.
The judge also wrote that the court “accepts the CDC’s policy determination that requiring masks will limit COVID-19 transmission and will thus decrease the serious illnesses and death that COVID-19 occasions” but “that finding by itself is not sufficient to establish good cause.”
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