A federal judge in Florida on Monday revoked Joe Biden’s mandate for national masks covering airplanes, airports and other public transportation.
U.S. District Judge Catherine Kimball Misel of Tampa ruled that the rule exceeded the authority of U.S. health officials during the coronavirus pandemic.
She added that the Centers for Disease Control and Prevention (CDC) had failed to justify its decision and had not followed the rules.
In his 59-page ruling, Mizel said the only remedy was to repeal the rule altogether because it would be impossible to end it for the limited group that objected to it in the trial.
The judge said: “A limited remedy would not be a remedy at all.” She added that the courts have full power to make a decision like this – even if the CDC’s goals in fighting the virus are commendable.
“Because our system does not allow agencies to act illegally, even in pursuit of desired goals, the court declared it illegal and released the mandate of the mask,” she wrote.
Misel has been appointed to former President Donald Trump. She was assessed as “unqualified” to serve as a federal judge of the American Bar Association at the time she was nominated. It was confirmed by the Republican-controlled Senate in a party vote.
Florida Gov. Ron DeSantis, who is not on trial but is fighting many restrictions on Covid, tweeted: “It’s great to see a federal judge in Florida follow the law and reject Biden’s mandate for a transport mask. Both airline employees and passengers deserve this end of misery. “
White House spokeswoman Jen Psaki said it was “an obviously disappointing decision” and that the CDC “continues to recommend wearing a mask on public transport.”
The justice ministry declined to comment Monday on whether the government plans to appeal the decision.
The CDC recently extended the mandate of the transport mask, which was due to expire on May 3, to give more time to study the Covid-19 BA.2 Omicron sub-variant, which is now responsible for most cases in the United States.
Well-fitted high-quality masks help control the transmission of Covid-19 by preventing the spread of virus-laden droplets or the inhalation of debris.
The lawsuit was filed in July 2021 by two plaintiffs and the Health Freedom Fund, a group that has initiated lawsuits against vaccine and mask mandates in several school districts and municipalities.
The group’s leader, Leslie Manukian, appeared at protests against vaccines and masks and produced a film that allegedly explored the link between vaccines and autism. Such a connection was debunked by an authoritative study, the original document claiming that such an association could exist was withdrawn as fraudulent, and the author of the article was deprived of his medical license.
Both airlines and Republican members of Congress have tried to destroy public transport mask mandates. Airlines say air filtration in modern aircraft makes the transmission of the Covid-19 unlikely.
The planes were also the scene of a number of violent incidents during the pandemic. Most are due to disputes over the requirements for wearing masks.
Republican critics, meanwhile, have taken advantage of the fact that cases have plummeted since the Omicron case peaked in January, and since then the states have lifted requirements for masks in shops, restaurants and other indoor spaces. That has made demands in tourist centers such as airports inconsistent, Republicans said.
Since the beginning of April, the cases have increased slightly, but hospitalizations remain stable. About 82% of all people over the age of five have received a dose of Covid-19, according to the CDC.
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