August 16, 2022

Biden admin directs Justice Department to appeal decision to end mask mandate on public transport

After more than two years, the COVID-19 pandemic is in its last gasps. However, bureaucrats can’t let their power go.

The Justice Department has filed an appeal on a federal judge’s decision to nix the mask mandate on public transportation, the Washington Examiner reported. In April, U.S. District Judge Kathryn Kimball Mizelle in Tampa, Florida, vacated the mandate.

Mizelle ruled on the grounds that the Centers for Disease Control and Prevention overstepped its authority in requiring masks on all transportation. However, a judge in the same district ruled the other way, providing the grounds for appeal.

The filing Tuesday came just in the nick of time as the deadline loomed that day. “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 DOJ said in its filing.

The Justice Department argued that because the CDC has jurisdiction over “sanitation,” it had the authority to require the masks to mitigate the spread of the coronavirus. “The Public Health Service Act authorizes the CDC to require measures that ‘directly relate to preventing the interstate spread of disease by identifying, isolating, and destroying the disease itself,” the government agency contended.

“That is precisely what the transportation mask order does: masks isolate the disease itself by trapping viral particles exhaled by infected travelers and preventing non-infected travelers from inhaling viral particles,” it further stated. However, opponents of the mandate objected to its implementation without public input.

Soon after the order was lifted, the Biden administration announced that it would no longer enforce the CDC mandate. It’s unclear whether this appeal would prompt them to reinstate it.

The mask mandates were unpopular, onerous, and useless. However, the people in power seem bent on perpetuating the fear and hysteria through the continued use of these rules, regardless of the will of the people or the courts.

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2 months ago

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