Judge Declares CDC’s Federal Public Transportation Mask Mandate Unlawful

Back in Aug 2021, the CDC tried to extend the rent eviction moratorium but the Supreme court said they didn’t have the statutory authority to do this. TWICE in less than a ONE YEAR PERIOD – the CDC’s edits have been struck down by our courts.

The Supreme Court Will Allow Evictions To Resume. It Could Affect Millions Of Tenants

Does this suggest that the CDC did not/does not have the statutory authority to create/publish the 2016 and 2022 opiate dosing guidelines ? We know that the CDC has no statutory authority to enforce or prevent any entity from codifying the guidelines and/or turning the guidelines into some sort of black/white corporate policies and procedures.

Could it be that the only reason that the CDC opiate dosing guidelines have been allowed to be imposed on the chronic pain community is because those who have been impacted by these guidelines, did not get together and create a legal defense fund to have these guidelines declared unconstitutional. This is an excellent example of how bureaucrats can get rules/laws passed that are unconstitutional and they can enforce them until they are challenged in our court system and having them declared unconstitutional.  The community may have a small window of opportunity to get the 2016 opiate dosing guideline declared unconstitutional and  prevent the 2022 proposed guidelines from being officially published.

Judge Declares Federal Public Transportation Mask Mandate Unlawful


A federal judge threw out the federal government’s mask mandate for airports, airplanes and other public transportation Monday, ruling the Centers for Disease Control and Prevention exceeded its authority by imposing the mask requirement days after the agency extended it another two weeks.

Key Facts

U.S. District Judge Kathryn Kimball Mizelle, who was appointed by former President Donald Trump, issued a ruling that declared the mask mandate unlawful and blocked it by vacating the order and sending it back to the CDC “for further proceedings.”

The anti-mandate Health Freedom Defense Fund had sued the CDC and federal officials in July over the mask requirement, asking the court to declare the order unlawful and set it aside under the Administrative Procedure Act.

Mizelle ruled the CDC did not have authority to impose the mask mandate under the Public Health Services Act of 1944, claiming that the law only lets the CDC impose measures related to “inspection, fumigation, disinfection, sanitation, pest extermination [and] destruction” to curb disease transmission and mask-wearing doesn’t fall under any of those.

The CDC also erred by not having an adequate public comment period before it imposed the mandate, Mizelle ruled, and said the mask mandate is “arbitrary and capricious” because the agency didn’t sufficiently explain the reasoning behind imposing it.

While the federal government had asked Mizelle to just block the mandate as it applied to the plaintiffs challenging it, the judge said she had to throw out the entire mandate because “the difficulty of distinguishing” the plaintiffs from other travelers “almost ensures that a limited remedy is no remedy at all.”

A Biden Administration official told Forbes the transportation mask mandate will no longer be enforced as a result of Mizelle’s ruling, though the federal government is still “reviewing the decision and assessing potential next steps.”

Crucial Quote

“It is indisputable that the public has a strong interest in combating the spread of [Covid-19],” Mizelle wrote in her opinion, quoting a past ruling in a different case and noting the CDC imposed its mask mandate “in pursuit of that end.” The judge wrote the court still “declares unlawful and vacates the mask mandate” anyway, however, as “our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”


Several airlines—including United, Delta, Southwest and Alaska—announced Monday that masks are no longer mandatory for domestic flights following the ruling.

Surprising Fact

Mizelle was just 33 years old when she was appointed to the federal bench in 2020, and the American Bar Association gave her a rating of “not qualified” to hold the position due to her lack of experience. “Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel,” the ABA wrote in a letter to the Senate Judiciary Committee, noting that Mizelle was only admitted to practice law in 2012—which is a “rather marked departure” from the at least 12 years of experience that’s recommended for federal judges.

Big Number

60%. That’s the share of Harris poll respondents that said in early April they wanted the federal mask mandate to be extended. A Morning Consult poll similarly found at least three in five respondents support customers and employees wearing masks on planes, though a recent Kaiser Family Foundation poll was more split, with a narrow 51% majority saying they wanted the federal mask mandate to expire.

Key Background

The CDC first imposed its federal mask mandate soon after President Joe Biden took office in February 2021. Though the order was expected to expire Monday, the CDC announced last week it would extend the mask mandate another two weeks in light of a new rise in Covid-19 cases linked to the highly transmissible omicron BA.2 subvariant. The CDC had also said it was developing a “framework” for when masks should be required once the order expires, which might depend on factors like the rate of severe illness from Covid-19 or if new variants are emerging. The lawsuit against the order comes as the mask mandate had faced more resistance in recent months as it stayed in place even as other mask orders lifted, with 21 GOP-led states suing the Biden administration to block the mask order and airline CEOs calling for it to end in an open letter.

One Response

  1. By FAR what is most important is not touching your face until hands are effectively washed. Just part of the Standard/Universal precautions with us for decades.

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