While we’re all tied up with gun control, border security issues, rising inflation, and mind-boggling gas prices, Biden’s DOJ is in a fight to overthrow a court ruling that tossed mask mandates on mass transit. The deal is going down with little to no coverage so it might as well be behind closed doors.
After the judge’s ruling, the DOJ said it would appeal the judge’s ruling if the CDC deemed it necessary. The DOJ has told the federal appeals court that the CDC order, issued in January 2021, was “within” the agency’s legal authority, Fox News reported.
The ruling from U.S. District Court Judge Kathryn Kimball Mizelle came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC’s authority, was “arbitrary” and “capricious,” and for not going through the required notice and comment period for federal rulemaking.
“None of the district court’s quarrels with the CDC order comes close to showing that the CDC has acted outside the ‘zone of reasonableness,'” the Justice Department wrote, adding that the CDC findings in early 2021 provided “ample support for the agency’s determination that there was good cause to make the order effective without delay.”
The Federal Aviation Administration said this month the rate of unruly air passenger incidents fell to its lowest level since late 2020 soon after the judge’s mask mandate ruling, which also lifted requirements for masks in taxis or ride-share vehicles.
As of now, the majority of airlines in the US have ended the mask requirement for flyers. On March 23, Airlines for America, an industry association that includes the top seven US airlines, sent an open letter to President Joe Biden asking him to end masking and international predeparture testing requirements.