The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health. The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve.
On April 13, 2022, before the district court’s decision, CDC explained that the order would remain in effect while it assessed current public health conditions, and that the Transportation Security Administration would extend its directive implementing the order until May 3 to facilitate CDC’s assessment.
If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision.
“The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order”, ordered Kathryn Kimball Mizelle — who is the United States district judge who presided over case 8:21-cv-01693-KKM-AEP at the United States District Court, Middle District, Tampa Division. “The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr, as a Defendant to this action, to ENTER final judgement in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”
The judge ruled that the Centers for Disease Control and Prevention of the United States had applied flawed reasoning to their perspective of the cases and the Public Health Services Act of 1944 that had given the Centers for Disease Control and Prevention the basis for their mask mandate in the first place.
How bizarrely befitting of the debacle that has been the current 2019 Novel Coronavirus pandemic that the repeal of wearing masks and cloth coverings for the mouth and nose has been ending just as it started: with mass confusion, debates, and lawsuits and appeals as the result of conflicting opinions, misinformation, and advice…