U.S. District Judge Catherine Kimball Miesel said the mandate was illegal because it exceeded the legal powers of the U.S. Centers for Disease Control and Prevention and because its implementation violated administrative law.
It is unclear how quickly the decision will be implemented at airports or train stations across the country or whether the Ministry of Justice will try to block the decision and file a complaint.
Just last week, the CDC extended this mask mandate until May 3rd. The camouflage requirement applied to airplanes, trains and other forms of public transport.
An official from the Biden administration, familiar with the White House decision, told CNN earlier that the purpose of the extension was to gather more information and understanding about the BA.2 coronavirus variant. Covid-19 cases in the United States are on the rise, prompting universities and the city of Philadelphia to re-implement indoor mask mandates.
U.S. Chief Surgeon Dr. Vivek Murtie said last week that part of the reason for extending the mandate of the transport masks was due to the growing cases of Covid-19 and the settings created by the trip.
“We gather a lot of people in a closed environment for a long time and not everyone has the option not to travel,” Murtie told Doctor Radio Reports on Doctor Radio’s SiriusXM, giving examples such as traveling by plane to see a sick mother or traveling work to keep work. “Because it’s not necessarily an optional setting for people, and because, again, people have been together for a long time, the CDC has tended to be cautious there and recommends that people continue to wear these masks.”
The White House, the Department of Homeland Security and the CDC did not immediately comment on the decision.
In his 59-page decision, Mizel suggested that the fulfillment of the government’s mandate – in which unfulfilled passengers were forcibly removed from their seats, refused to board the bus stairs and turn sideways in front of the station doors – akin to “detention and quarantine”, which are not provided for in the relevant section of the law, she said.
As a result, the mask mandate is best understood not as sanitation, but as the exercise of the CDC’s power to release parolees despite fears that they may spread a contagious disease (and detain or quarantine those who refuse), “she wrote.” But the power of parole and detention is usually limited to persons entering the United States from a foreign country. ”
She added that the mandate also does not comply with the part of the law that would allow travel to be delayed if the examination reveals that he is infected.
“The mask mandate does not correspond to any of these subdivisions,” the judge said. “This applies to all passengers, regardless of their origin or destination, and does not attempt to sort based on their health.”
Misel was appointed to federal court in 2020 by then-President Donald Trump.
This story has been broken and will be updated.
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