CDC Requests DOJ Appeal Federal Judge’s Ruling That Lifted Travel Mask Mandate

NEW YORK, NY - APRIL 19: People enter wearing masks at John F. Kennedy Airport on April 19, 2022 in New York City. On Monday, a federal judge in Florida struck down the mask mandate for airports and other methods o... NEW YORK, NY - APRIL 19: People enter wearing masks at John F. Kennedy Airport on April 19, 2022 in New York City. On Monday, a federal judge in Florida struck down the mask mandate for airports and other methods of public transportation as a new COVID variant is on the rise across parts of the United States. (Photo by Spencer Platt/Getty Images) MORE LESS
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The Centers for Disease Control and Prevention on Wednesday asked the Justice Department to appeal a federal judge’s ruling that lifted the CDC’s mask mandate for travel on public transportation.

“It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health,” the agency said in a statement. “CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”

The CDC’s request comes a day after the DOJ said it would appeal to revive the CDC mask mandate if the CDC still thinks the mandate “remains necessary for public health.”

The CDC’s announcement follows a ruling by U.S. District Judge Kathryn Kimball Mizelle, who was appointed by former President Trump, that struck down the federal mask mandate. Mizelle ruled that the CDC overstepped its authority with its mask mandate on planes and other forms of public transportation.

In her order issued Monday, Mizelle dedicates pages of writing to the definition of the term “sanitization” — and suggested the CDC’s purview was restricted to cleaning things.

“Wearing a mask cleans nothing,” Mizelle wrote. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

The CDC’s most recent extension of the nationwide mask mandate was issued last week. The extension was scheduled to last through May 3.

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Notable Replies

  1. Not just for being able to fight this ongoing pandemic, but for the next one and the next one and …

  2. “Wearing a mask cleans nothing,” Mizelle wrote. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

    Pleae let Judge Mizelle enjoy many operations performed by unmasked surgeons and other medical personnel.

  3. This goes into a conservative appeals court, so despite the idea of the Center for Disease Control being able to take action to control disease is pretty obvious, there’s the chance that conservative judges will take this as the opportunity to junk the ability of the executive branch to do things. The administration has to appeal this though, the judge’s decision is a real stretch and shouldn’t be allowed to stand, plus a big decision like this should have been stayed awaiting an appeal…she put her politics above the law and her responsibility to make sure decisions are applied properly.

  4. Yet magically it saves lives
    So there’s that.
    Judge Mizelle has proven she is unfit for her present job. Practicing medicine while dispensing the law is a very bad idea.

  5. Avatar for caltg caltg says:

    Seems to me that in this case, Trump appointed Federal Judge Mizelle is more than a bit “wet be hind the ears” to be rendering this kind of summary judgements. As I understand it she decided this case based solely upon written briefs. And it becomes very clear from her opinion that she has little understanding of the dynamics of communicable diseases, much less the scientific reasoning behind requiring masks be worn aspart of a broad strategy to quell a virulent epidemic.

    The assessment of Mizelle by the ABA seems particularly appropriate, concluding that she is “Not Qualified” for this appointment, adding that, “Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel.” Further, while noting her “keen intellect, a strong work ethic and an impressive resume . . . These attributes… simply do not compensate for the short time she has actually practiced law and her lack of meaningful trial experience.”

    In other words, she is an iconic Trump appointee.

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