The Welland Tribune

Florida judge voids U.S. mask mandate for air travel

- CURT ANDERSON

A federal judge in Florida on Monday voided the national mask mandate covering airlines and other public transporta­tion as exceeding the authority of U.S. health officials in their response to the coronaviru­s pandemic.

The mandate, recently extended by the U.S. Centers for Disease Control and Prevention, covered a vast array of transporta­tion, from airplanes and trains to city subways and ride-sharing vehicles such as Uber. The decision by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former president Donald Trump, also said the CDC improperly failed to justify its decision and did not follow proper rule making procedures that left it fatally flawed.

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely across the country because it would be impossible to end it for the limited group of people who objected in the lawsuit.

The judge said “a limited remedy would be no remedy at all” and courts have full authority to make a decision such as this — even if the goals of the CDC in fighting the virus are laudable.

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.

The Justice Department declined to comment Monday when asked if the government planned to appeal the ruling. The CDC also declined to comment.

White House press secretary Jen Psaki told reporters that federal agencies were still assessing the court decision Monday afternoon.

“This is obviously a disappoint­ing decision,” Psaki said.

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