Photograph ©2020 by Brian Cohen.

Department of Justice to Appeal Decision to Vacate Mask Mandate

Centers For Disease Control and Prevention to Join in Appeal.

The Department of Justice of the United States will appeal the decision of a federal district judge who ruled that the federal mask mandate for modes of public transportation in the United States was unlawful and further cited that it exceeded the authority of health officials in the United States during the current 2019 Novel coronavirus pandemic…

Department of Justice to Appeal Decision to Vacate Mask Mandate

Centers for Disease Control and Prevention
Photograph ©2021 by Brian Cohen.

…and the Centers for Disease Control and Prevention of the United States will join in on the appeal, according to this official statement which was released yesterday, Tuesday, April 19, 2022 by Anthony Coley, who is the spokesman for the Department of Justice:

The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health. The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve.

On April 13, 2022, before the district court’s decision, CDC explained that the order would remain in effect while it assessed current public health conditions, and that the Transportation Security Administration would extend its directive implementing the order until May 3 to facilitate CDC’s assessment.

If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision.

“The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order”, ordered Kathryn Kimball Mizelle — who is the United States district judge who presided over case 8:21-cv-01693-KKM-AEP at the United States District Court, Middle District, Tampa Division. “The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr, as a Defendant to this action, to ENTER final judgement in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”

The judge ruled that the Centers for Disease Control and Prevention of the United States had applied flawed reasoning to their perspective of the cases and the Public Health Services Act of 1944 that had given the Centers for Disease Control and Prevention the basis for their mask mandate in the first place.

As the result of the aforementioned ruling, official announcements had been issued from most airlines which are based in the United States and Amtrak which inform that masks are no longer required to be worn by passengers and members of flight crews while aboard their airplanes.

Final Boarding Call

How bizarrely befitting of the debacle that has been the current 2019 Novel Coronavirus pandemic that the repeal of wearing masks and cloth coverings for the mouth and nose has been ending just as it started: with mass confusion, debates, and lawsuits and appeals as the result of conflicting opinions, misinformation, and advice…

All photographs ©2020 and ©2021 by Brian Cohen.

  1. The DOJ would have been better off leaving things as they are. The majority of people seem to be excited about the change and relieved that this mandate is over. Even if that is not the case, if, as is likely, the appeal is lost, it will do more harm to the CDC than has already been done. If the appeal is won, the already battered President will look worse and there will be a huge backlash.

  2. Why don’t they simply amend the law or pass a new one clearly granting authorization? The way the law is written makes it pretty obvious masking was not an intended power.

    1. I’m sure a legal expert (which I’m not) will explain why. In any case it wouldn’t pass. Even the Senate voted to end the mandate recently.

  3. All the leftist snowflakes who are sick of masks are going to have to hold their nose and vote right just this once should they ever want to see COVID in the rear-view mirror. For the Covidian authoritarians pulling Biden’s strings, it’s a true religion to be able to force all Americans (half of whom they hate, remember) to wear their virtue-signalling device of choice as well.

  4. I was looking back at how all the mask stuff on airlines started and found some fun quotes in news sources in April 2020. Stuff like “increasing calls from airline union leaders, consumer groups, and elected officials about the need for face coverings to help slow the spread of the virus and, eventually, reassure travelers it is safe to fly.” or “This is the new flying etiquette. Onboard, cabin air is well circulated and cleaned through filters every few minutes”. Keep in mind that Joe Biden is the one that put the mandate in place much later in 2021.

    If the Democrats can manage to shop enough to find a judge that agrees with them on this it is going to be a tough pill for travelers to follow on their next flight. Also, Joe Biden and the CDC said we needed to wait just another few weeks (a couple of times) and it was going to be renewed again on May 3rd. Will they change their minds when they see that now one on unmasked flights was dead by then? What will it take to stop the madness?

    1. This mandate only happened because the unions pushed for it. I’m amazed they are not pushing back now.

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