A Trump-appointed U.S. district judge in Florida voided the Biden administration's mask mandate that applied to plane, train and bus travel. It had just been renewed by the CDC on April 13 and was due to expire on May 3.
“U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida said the mandate exceeds the statutory authority of the Centers for Disease Control and Prevention [CDC],” reports Michael Laris for The Washington Post on April 18. “Federal officials last week had extended the mask mandate for commercial flights and in other transportation settings, including on buses, ferries and subways, until at least May 3.”
In her decision Monday, Mizelle, who was appointed by former president Donald Trump and clerked for Supreme Court Justice Clarence Thomas, said the CDC had relied on a 1944 law, the Public Health Service Act [aka Title 42], to impose the mandate. But the government’s argument that it put the mask requirement in place for the purpose of “sanitation” falls short, Mizelle argued.
The case was brought on behalf of a legal group known as Health Freedom Defense Fund and airline passengers, including Ana Daza, who said she has anxiety aggravated by wearing masks.
“The court concludes that the Mask Mandate exceeds the CDC's statutory authority and violates the procedures required for agency rulemaking under the Administrative Procedure Act,” states the 59-page ruling [pdf].
Accordingly, the Court vacates the mandate and remands it to the CDC.
No word on whether CDC plans to appeal the decision, noted Laris. “The CDC said Monday it wouldn’t comment on pending litigation.”
Completes transition from pandemic to endemic policy response
The CDC had already essentially transitioned from a pandemic to an endemic response to COVID-19 when it revised its masking guidance on Feb. 25.
“The transportation mandate has been among the highest-profile mask requirements in the country, persisting after most school districts and other jurisdictions have allowed similar mandates to expire,” added Laris.
What is not known is if the coronavirus itself is ready to make that transition to endemicity.
According to The New York Times coronavirus tracker, transmission has increased nationwide by 39% in the last two weeks to a daily average of almost 37,000 new cases on April 17. However, hospitalizations, a better COVID metric when breakthrough infections during the omicron wave are commonplace, have decreased by 7 percent to just below 15,000, the lowest in any surge or wave since the start of the pandemic over two years ago.
Hat tip to Katie Shepherd who writes The Washington Post Coronavirus Updates newsletter.
Related on Planetizen:
-
CDC Relaxes Guidance to Allow Most Americans to Ditch Masking, March 1, 2022
-
CDC's New Face Mask Requirement on Transit Takes Effect Tuesday, February 1, 2021
Read the full story: Federal judge voids mask mandate for airplanes, in other transportation settings
After Waiting Two Days, Justice Department Appeals Transit Mask Ruling
Mystery surrounds the decision by the Biden administration to not ask for an immediate stay of an unanticipated district court ruling to vacate the CDC's masks-on-transit rule. Two days later they appealed as coronavirus cases increase nationwide.
Pandemic Debate: Civil Liberties vs. Individual Liberties
The American Civil Liberties Union stepped into the nation's masking debate in K-12 schools on the side of parents of students with disabilities. They won the first round in the U.S. Southern District Court of Iowa. Mask mandates are permitted again.
Florida Judge Rules That Governor Overstepped Authority in Banning School Mask Mandates
A group of parents won the first round on Aug. 27 in a state circuit court in a dispute with the governor and state education agencies over the ability of school boards to require all students to wear masks to prevent the spread of the coronavirus.
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
California plans to bury El Niño’s downpour
If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.
Chicago breaks ground on $3 billion megadevelopment
The new neighborhood, titled Foundry Park, will one day host 3,700 residences.
California High-Speed Rail Authority CEO resigns after $600,000 scandal
Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.
Want to study the Missouri River? Soon, you may need unanimous approval from 10 states
Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.
Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River
Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
City of Rosemead
Rutgers University, Edward J. Bloustein School of Planning and Public Policy
One Hundred Miles
Hunter College, City University of New York (CUNY)
The Architects Foundation
University of Cincinnati Online
City of Cambridge
Montrose County
The Pocatello Development Authority