The White House Surrenders on Mask Mandate for Public Transportation

AP Photo/Andrew Harnik

On Monday, a federal judge struck down the Center for Disease Control and Prevention’s (CDC) federal mask mandate for public transportation.

U.S. District Judge Kathryn Kimball Mizelle ruled that the mandate “exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions,” and wrote, “the Court declares unlawful and vacates the Mask Mandate.”

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It wasn’t clear at the time how the Biden administration would respond, but on Monday evening it signaled that it accepted Judge Mizelle’s ruling and said that masks are no longer required for air travel. The CDC still recommends masks, but the TSA will no longer enforce mask-wearing.

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“The agencies are reviewing the decision and assessing potential next steps,” an administration official said in a statement. “In the meantime, today’s court decision means CDC’s public transportation masking order is not in effect at this time. 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.”

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I doubt the White House is happy about this, but most people are:

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