A federal judge in Florida on Monday ruled that the US mask mandate on public transportation is unconstitutional, overturning a Biden administration effort to reduce the spread of COVID-19 in the United States.
US health officials last week extended by 15 days the requirement that passengers wear masks on planes, trains, and in taxis, ride-share vehicles, and transit hubs, saying they needed time to assess the impact of a recent increase in COVID-19 cases.
Kathryn Kimball Mizelle, a judge nominated by President Trump in 2020, also said the Centers for Disease Control and Prevention improperly failed to justify its decision and didn’t follow proper rulemaking.
After reading the 59-page ruling, Mizelle concluded that because it would be impossible to stop a rule that only a small number of people objected to in court, the only solution was to abolish it completely. He stated, however, that even if the CDC’s goals in combating this virus are commendable, the “limited remedy” would be “no remedy at all.”
“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.
On Monday, the Justice Department refused to say if the government would appeal the decision. Transport Canada and the Canadian Aviation Safety Commission declined to provide any additional information. No immediate response from either the White House or the Centers for Disease Control and Prevention (CDC).
A number of violent incidents on planes have been traced back to disagreements over the necessity of wearing a mask.
Health Freedom Defense Fund, a non-profit organization that “opposes laws and regulations that force individuals to submit to the administration of medical products, procedures, and devices against their will,” filed the lawsuit in July 2021 on behalf of two plaintiffs.
In February 2021, the CDC issued the first public health order requiring the use of face masks while traveling across state lines. A security directive was issued by the Transportation Security Administration (TSA) to carry out the CDC’s order of immediate implementation.
The case was remanded to the CDC by the judge. Whether the judge’s order would go into effect right away was not immediately apparent.