Conservatives rejoiced and coronavirus masochists groaned at the news that U.S. District Judge Kathryn Kimball Mizelle of Florida finally got rid of the Centers for Disease Control’s public transportation mask mandate on Monday.
The policy was struck down as the result of a lawsuit from the Health Freedom Defense Fund, according to Bloomberg Law.
“The court concludes that the mask mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA,” Mizelle said in the filing. “Accordingly, the court vacates the mandate and remands it to the CDC.”
This ruling essentially scraps the policy and forces the situation to go back to the public health agency for reconsideration.
“Wearing a mask cleans nothing,” Mizelle later added. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask or ‘sanitizes’ the conveyance.”
Related: The Mask Falls
Mizelle was just 33 years old when President Donald Trump appointed her in 2020. She was the youngest person Trump appointed for a lifetime judicial appointment, Tampa Bay Times reported.
Clearly, her appointment was a great choice, because Mizelle even argued that mandates could infringe on personal liberties.
“Since the mask mandate regulates an individual’s behavior — wearing a mask — it imposes directly on liberty interests.”
It’s a good thing somebody put an end to this nonsense (hopefully), and it’s no surprise that it took a Floridian conservative to do it. Having political guts is in the water there, along with the ‘gators.
“This is obviously a disappointing decision,” White House press secretary Jen Psaki said, according to Spectrum News 1. “As soon as they have an assessment and an update on additional steps, they’ll make that available.”
Thankfully, the Biden administration is dissenting but is cooperating with the court order, which means that people can technically go to an airport or train station without being required to mask up. The administration will probably try every bureaucratic loophole possible to bring it back, but overreach is not a great look to voters.
“The agencies are reviewing the decision and assessing potential next steps. In the meantime, today’s court decision means CDC’s public transportation masking order is not in effect at this time,” an administration official said in a statement, according to ABC News.
“Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time. CDC recommends that people continue to wear masks in indoor public transportation settings.”
BREAKING: The White House says masks are now longer required on planes and other forms of public transportation. @marykbruce pic.twitter.com/m7FT0Tlyy5
— Sam Sweeney (@SweeneyABC) April 18, 2022
The federal government needs to properly communicate the policy change as soon as possible to airlines like Delta and United, which have publicly stated that they’re waiting on confirmation.
MORE: Delta says it will continue to follow the mandate until directed otherwise by TSA. Statement: “As we have been, Delta will continue to comply with the TSA Security Directive on masks until informed otherwise by the TSA.”
— David Slotnick (@David_Slotnick) April 18, 2022
The mandate has already been extended numerous times, and it served as just one example of the shifting goalpost strategy the federal government has used since the pandemic started.
Children as young as two are forced to wear a mask on planes, which is an unrealistic expectation of a toddler. Adults and children (or their parents) alike should be given the choice of whether or not they want to wear a face covering, especially on long flights and train rides. Mizelle understands that.
I look forward to seeing future President Ron DeSantis nominate her to the Supreme Court one day.
