The United States will stop imposing a mask requirement on public transport passengers after a U.S. judge ruled the mandate illegal just days after it was extended in an attempt to quell a recent rise in Covid-19 cases.
Biden officials said Monday that the rule would not apply until the White House decided whether to appeal Judge Catherine Kimball Misel’s decision, which was appointed by former President Donald Trump.
This is the latest in a series of decisions by conservative judges against the administration’s policies to mitigate Covid. Miesel said in his ruling that the US Centers for Disease Control and Prevention had exceeded its legal mandate with the mandate, had incorrectly missed the period of public notice and comment, and had not provided sufficient explanation.
The White House called the decision “disappointing.”
An administration official said: “Today’s court ruling means that the CDC’s public transport disguise order is not in force at the moment. Therefore, [the Transportation Security Administration] he will not impose his own [rule] requiring the use of masks in public transport and transport centers at present. “
Shortly after the administration’s announcement, United Airlines said the masks would be optional for its domestic and some international flights, depending on the destination. Alaska Airlines also said it would no longer require masks during its flights.
Airline officials also warned of the possibility of clashes between passengers and staff after the decision. Mask demands have become one of the most politically charged responses to the U.S. pandemic, with Democrats generally supporting them and Republicans opposed them. Ron DeSantis, the Republican governor of Florida, even passed an order last year banning schools from implementing their own mandates for masks.
Most state and local health authorities have terminated their mandates, although the recent rise in infections has prompted Philadelphia to reintroduce one. The CDC has just extended its rules for passengers on public transport, including airplanes and trains, by 15 days.
The CDC’s rules were challenged in court by a group called the Fund for the Protection of Freedom of Health, run by Leslie Manukian, an activist who questions the safety of vaccines.
The group is one of a number challenging a number of Biden administration’s public health policies, including its proposed order, which requires most private sector employees to be vaccinated or tested weekly. That mandate was abandoned after it was blocked by the Supreme Court earlier this year.
Miesel agreed with the Fund for the Protection of Freedom of Health on a number of issues, including that wearing masks should not be considered “hygiene” – which would put him under the control of the CDC – as sanitation applies only to cleaning measures.
“Wearing a mask does not clean anything,” writes Mizel. “It catches the most viral droplets. But he neither “disinfects” the person wearing the mask nor “disinfects” the vehicle. “
Misel, a former employee of Conservative Supreme Court Justice Clarence Thomas, was a controversial choice for federal judge in Florida. She was nominated in 2020 at the age of 33 and faced strong opposition from Democrats, who boycotted her confirmation hearing in protest.
The American Bar Association said at the time that Mizel was not qualified for the job because she had not been a lawyer for 12 years or more and had not taken the initiative in handling any cases.
Add Comment