Federal judge voids Biden admin's recently extended mask mandate for planes, public transportation

[Teh One Who Knocks]

By Ronn Blitzer | Fox News


https://i.imgur.com/LvLQvArl.png

A federal judge on Monday voided the Biden administration's mask mandate for travelers using public transportation such as trains and airplanes.

The mandate had been set to expire a number of times but was recently extended to May 3 before Monday's ruling.

This is a developing story.

[PorkChopSandwiches]

:dance: Glad I wont have to deal with this shit when I got to New Orleans

[Muddy]

I never understood how a judge can over rule a sitting president.

[PorkChopSandwiches]

Its called checks and balances

[Teh One Who Knocks]

By Mark Moore - New York Post


https://i.imgur.com/nlWLq1Vl.jpg

A federal judge in Florida ordered the Centers for Disease Control and Prevention to lift its mask mandate for airports, planes and other forms of travel Monday, saying the agency had overstepped its authority.

US District Judge Kathryn Kimball Mizelle, an appointee of President Donald Trump, ruled that the CDC neither properly explained its decision to impose the mandate, nor followed proper rulemaking procedures.

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

There was no immediate word from the Biden administration about whether it planned to appeal the ruling.

Mizelle’s decision was in response to a July lawsuit filed by the nonprofit Health Freedom Defense Fund on behalf of two women who claimed that wearing masks on airplanes triggered or exacerbated anxiety and panic attacks.

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely because it would be impossible to end it solely for the two plaintiffs, writing that “a limited remedy would be no remedy at all.”

Last week, the CDC announced the transportation mask mandate would be extended for another 15 days after it was originally set to expire Monday.

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

The judge sent the order back to the CDC “for further proceedings.”

The CDC announced last week that it was going to extend the mask mandate on public transportation until May 3, citing an uptick in coronavirus cases and claiming it needed more time to examine the BA.2 Omicron subvariant.

“Since early April, there have been increases in the 7-day moving average of cases in the U.S.,” the CDC said in a statement shared on social media. “In order to assess the potential impact of the rise of hospitalizations and deaths, and health care system capacity, the CDC Order will remain in place at this time.”

The CDC’s decision on the mask mandates came just after the federal agency announced the planned ending of Title 42, which allows Border Patrol officials to expel migrants without hearing asylum claims because of the pandemic, on May 23.

The chief executive officers of all the major airlines called on the Biden administration last month to ditch the mask mandate because the requirement did not reflect the current environment.

“It makes no sense that people are still required to wear masks on airplanes, yet are allowed to congregate in crowded restaurants, schools and at sporting events without masks, despite none of these venues having the protective air filtration system that aircraft do,” the letter from the CEOs said.

They noted both that vaccination rates were up and that states across the country were relaxing restrictions before calling on the Biden administration to reconsider its policies.

“We are encouraged by the current data and the lifting of COVID-19 restrictions from coast to coast, which indicate it is past time to eliminate COVID-era transportation policies,” the executives said.

[Teh One Who Knocks]

I never understood how a judge can over rule a sitting president.

If you didn't have the court system in place to stop things like this, then you wouldn't have a president anymore, you'd have a dictator who could do whatever he wanted.

[Muddy]

Makes sense.. But you would think it would take a quorum or something, not just some rogue judge.

[DemonGeminiX]

Makes sense.. But you would think it would take a quorum or something, not just some rogue judge.

That's what the appellate court's for.

[Teh One Who Knocks]

The Biden administration has advised the TSA to stop enforcing the mask mandate now. They haven't decided if they will appeal the judge's order or not.

[deebakes]

:dance: Glad I wont have to deal with this shit when I got to New Orleans

when? i am there in may

[Teh One Who Knocks]

By Brooke Singman | Fox News


https://i.imgur.com/kmn6pRXl.jpg

The White House said the federal court ruling Monday to void the Biden administration’s mask mandate for travelers using public transportation such as trains and airplanes was "obviously a disappointing decision" in light of the Centers for Disease Control and Prevention (CDC) recommending its order for passengers to wear face coverings be extended.

A federal judge on Monday voided the Biden administration's transportation mask mandate from the CDC, which applies to people as young as 2 years old, and had been set to expire a number of times. The order was recently extended to May 3 before Monday’s ruling.

"The CDC recommended continuing the order for additional time two weeks to be able to assess the latest science in keeping with its responsibility to protect the American people, so, this is obviously a disappointing decision," White House press secretary Jen Psaki said Monday. "The CDC continues recommending wearing a mask in public transit."

The ruling from U.S. District Court Judge Kathryn Kimball Mizelle came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration.

Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC's authority, was "arbitrary" and "capricious" and not going through the required notice and comment period for federal rulemaking.

It remains to be seen whether the administration will appeal the decision.

Fox News' Peter Doocy pressed Psaki during the press briefing Monday asking, "Why is it that we can sit here in the White House briefing room with no masks, but people can't sit in an airplane cabin with no masks?"

Psaki responded by citing the CDC's green, yellow and red mask guidance to determine precautions to take based on specific COVID-19 community levels. She explained that Washington, D.C., is a "green zone," so the CDC is not recommending that masks be worn.

The White House press secretary also stated that Biden administration is "reviewing the decision," and added that the Justice Department will "make any determinations about litigation."

Psaki added that the administration had ordered a two-week extension to "look at the data and make recommendations based on the data, on the science, about whether [the order] should be continued or not."

The CDC last week extended the mandate for an additional 15 days due to a recent increase in cases of COVID-19. The Biden administration had previously extended the federal mask mandate to April 18 in early March.

"CDC continues to monitor the spread of the Omicron variant, especially the BA.2 subvariant that now makes up more than 85% of U.S. cases," said CDC spokesperson Kristen Nordlund. "Since early April, there have been increases in the 7-day moving average of cases in the U.S. In order to assess the potential impact the rise of cases has on severe disease, including hospitalizations and deaths, and health care system capacity, the CDC Order will remain in place at this time. The Transportation Security Administration (TSA) has decided to extend the security directive and emergency amendment for 15 days, through May 3, 2022."

The federal travel mask mandate has remained in place even as all 50 states have announced plans to end mask mandates.

[PorkChopSandwiches]

when? i am there in may

May 16 - 20th. Link up !!!!

[lost in melb.]

Hm, odd for planes. You are sitting like sardines for hours. If someone next to has Covid you're probably going to get it.

[PorkChopSandwiches]

chance you take

[Teh One Who Knocks]

Hm, odd for planes. You are sitting like sardines for hours. If someone next to has Covid you're probably going to get it.

https://i.imgur.com/vgcmCop.png

The air onboard an airliner is cleaner than you will be breathing almost anywhere else. Airlines have never been proven to be a vector of person-to-person transmission.

[lost in melb.]

https://i.imgur.com/vgcmCop.png

The air onboard an airliner is cleaner than you will be breathing almost anywhere else. Airlines have never been proven to be a vector of person-to-person transmission.

Dunno man. I always get a cold after international travel.

There are case studies, but granted they are not as rigorous.

https://wwwnc.cdc.gov/eid/article/26/11/20-3353_article

[lost in melb.]

chance you take

A full plane is the only place I would want to wear a mask

[PorkChopSandwiches]

You are still free to wear one if you want

[Teh One Who Knocks]

The DOJ is going to appeal because of course they are. :roll:

[lost in melb.]

You are still free to wear one if you want

:triggered:

[Teh One Who Knocks]

1516416241925332994

[lost in melb.]

Are the ear phones part of the protection?

[Teh One Who Knocks]

Are the ear phones part of the protection?

I'm kinda surprised he only went with the safety goggles instead of the full face shield. Since, you know, the Covid is lurking around every corner to attack him.

[lost in melb.]

I'm kinda surprised he only went with the safety goggles instead of the full face shield. Since, you know, the Covid is lurking around every corner to attack him.

If he was serious he would have mummified his entire head in cling wrap, put a tiny hole where his mouth is, then a P99 mask over the hole :hand:

[Muddy]

Are the ear phones part of the protection?

He's tired of hearing Trumpkins telling him Covid is not real, so he covers his ears.

[lost in melb.]

:backaway:

[PorkChopSandwiches]

Are the ear phones part of the protection?

He probably has a butt plug in as well, you know...just in case

[KevinD]

Gonna have to agree with Lost (post 16) every time I flew international, I got anywhere from mildly to very sick. I'm talking basically non stop flights, so airports themselves kinda don't count. Ive been on flight where I could smell sickness in the air, and sure enough, I,'d get sick after the flight.

If you think I'm joking about the smell, I can tell when my wife has a sinus infection before she knows she has it. The smell is impossible to describe unless you've spent time around decaying bodies (animals or human) but it's similar.

[Teh One Who Knocks]

Not me. I've been over to Europe three different times and have never been sick after flying, either inbound or outbound. And this was many years ago back when the filtration systems were most likely nowhere as good as they are now. :dunno:

[Teh One Who Knocks]

By Adam Sabes | Fox News


https://i.imgur.com/hYlKxei.png

The Centers for Disease Control and Prevention is asking the Department of Justice to proceed with its appeal of a ruling issued by a Florida judge on Monday which tossed out the Biden administration's mask mandate for public transportation passengers.

"To protect CDC’s public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al. It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health. CDC will continue to monitor public health conditions to determine whether such an order remains necessary. CDC believes this is a lawful order, well within CDC’s legal authority to protect public health," the statement reads.

The statement from the Centers for Disease Control and Prevention also said that it continues to recommend that people wear masks in "all indoor public transportation settings."

"CDC continues to recommend that people wear masks in all indoor public transportation settings. CDC’s number one priority is protecting the public health of our nation. As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor," the statement reads.

After the Centers for Disease Control and Prevention issued the statement, a spokesperson for the Department of Justice said that it has filed a notice of appeal.

The Centers for Disease Control and Prevention's mask mandate applies to individuals as young as the age of two. The department recently extended it to May 3, as it was set to expire.

A number of U.S. airlines and transportation companies such as Delta, United Airlines, American Airlines, Amtrak, Uber all removed their mask requirements following Monday's ruling.

[lost in melb.]

Not me. I've been over to Europe three different times and have never been sick after flying, either inbound or outbound. And this was many years ago back when the filtration systems were most likely nowhere as good as they are now. :dunno:

Viruses see your ugly mug and get frightened :hand:










:lol::outtahere:

[Teh One Who Knocks]

Viruses see your ugly mug and get frightened :hand:










:lol::outtahere:

:willie: