Covid mask mandates, authority and status

If you think mask mandates still have something to do with public health, you might want to rid the Biden administration of that notion this week. On Monday, Judge Kathryn Kimball Mizelle overturned the Centers for Disease Control and Prevention’s order requiring masks on airplanes, airports and other transportation companies and turnstiles. On Tuesday, the Journal said the department said it would appeal the verdict “only if the CDC deems such an order necessary.” On Wednesday, the CDC said it did, and the department appealed.

This maneuvering was legally nonsensical. Judge Mizelle’s decision noted that the Public Health Services Act empowers the CDC to order certain types of actions that are “in [its] Judgment is required to prevent the spread of communicable diseases.” The government described the mask requirement as a “hygiene” measure. She felt that this did not meet the definition of “sanitary facilities” (or any other type of measure authorized by law) and was therefore unlawful. Covid mask mandates, authority and status

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