“It is indisputable that the public has a strong interest in combating the spread of Covid-19,” wrote Meisel. To that end, the Center for Disease Control and Prevention has issued a mask mandate. But the mandate overstepped the CDC’s statutory authority, incorrectly invoked the Good Reason Exception for Notice and Rule-making Commentary, and failed to adequately explain its decisions. Because our system does not allow agencies to act illegally even in pursuit of desirable ends, the court declares them illegal and invalidates the mask’s mandate.”
White House press secretary Jen Psaki called the ruling “disappointing” during a White House news conference. She said the CDC and the Department of Homeland Security “are reviewing the decision and of course the Department of Justice will make any decisions about any lawsuit.”
An administration official told Politico that the federal government was “reviewing the decision and evaluating potential next steps.” But they made clear that Monday’s ruling means, for now, that masks are not required by law to board a plane, train or other form of public transportation subject to a mask mandate.
“Today’s court decision means that the CDC’s public transportation concealment order is not in effect at this time,” the official said. “Therefore, the US Transportation Security Administration (TSA) will not implement its security guidance and emergency amendment requiring mask use on public transportation and transit centers at this time. The CDC recommends that people continue to wear masks in indoor public transportation settings. “.
The Centers for Disease Control and Prevention declined to comment on the ruling, while HHS did not immediately respond to comment on the ruling. The Justice Department said it was “reviewing” the decision but declined to comment.
Before the administration said it considered the mask mandate rescinded, Sarah Nelson, president of the Flight Attendants Association-CWA, said in a statement that the union urges “calm and consistency in airports and planes.” “It takes at least 24-48 hours to implement new actions and report this across the entire network” and that ads and banners should be updated, Nelson said. She stressed that the law obliges passengers to follow the instructions of the crew members.
“The last thing we need for frontline workers or travelers today is confusion and chaos,” Nelson said. “Travel can be stressful enough and safety comes first with respect for everyone who uses mass transportation.”
Florida Governor Ron DeSantis praised the ruling minutes after it was announced. Florida has sued the federal government over several Covid-related restrictions throughout the pandemic, but Monday’s ruling was based on a lawsuit brought by the Health Defense Fund for Health, a nonprofit that has presented legal challenges to Covid restrictions across the country, and two women in Florida said the mask mandate had led to anxiety and medical problems.
“Great to see a federal judge in Florida who is following the law and refusing to authorize Biden’s transfer mask,” DeSantis wrote on Twitter. “Both airline employees and passengers deserve to end this misery.”
Last week, the CDC Extension of the state of the mask For planes, trains and other forms of public transportation until May 3. In the face of growing opposition from the airline industry as well as Republicans and some Democrats in Congress to continue the travel mask authorization even as other parts of the country get rid of their mask requirements, White House officials have repeatedly emphasized that any further extension of the mask authorization will be made by the CDC.
Last month, officials said the mandate needed another extension for the Centers for Disease Control and Prevention to “work with government agencies to help inform the revised policy framework on when and under what circumstances masks should be required in the public transit corridor.” CDC spokeswoman Caitlin Schocke said last week that the agency “continues to monitor the spread of the Omicron variant, particularly the BA.2 variant that now accounts for more than 85 percent of cases in the United States.” Given the increase from week to week, and to better assess its impact “on severe disease, including hospitalization and mortality, and the capacity of the health care system, the CDC arrangement will remain in effect at this time.”
Delta Air Lines CEO Ed Bastian said Monday, minutes before the ruling was announced, that he wanted to see mask mandates end immediately.
“We all hope that the mandate will expire on May 3 and the government will put it to individuals,” Bastian said at the Washington Post Live event. “In other sectors of the economy, there are no masks. It just makes no sense.”
Meisel was nominated to the federal bench by Trump in August 2020 and was confirmed after Trump lost the 2020 election by Senate Republicans over objections from Democrats, who requested that the judicial nominations be suspended in light of then-President-elect Joe Biden’s victory. The majority of members of the American Bar Association’s Standing Committee on Federal Judiciary classified Maisel as “disqualified” due to her lack of experience. Maisel, 35, is a former clerk for Supreme Court Justice Clarence Thomas, and is among the youngest federal judges ever installed.
Josh Gerstein contributed to this report.
