FLORIDA JUDGE OVERTURNS CDC’S TRANSIT MASK MANDATE

FLORIDA JUDGE OVERTURNS CDC’S TRANSIT MASK MANDATE

The federal travel mask mandate will not be implemented as the Biden administration reviews a Florida federal judge’s ruling against it.

“The agencies are reviewing the decision and assessing potential next steps. In the meantime, today’s court decision means CDC’s public transportation masking order is not in effect at this time,” according to a Biden administration official.

“Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time.”

U.S. District Judge Kathryn Kimball Mizelle ruled that the federal mask mandate on planes, trains, buses and other modes of public transportation is “unlawful.”

“The court concludes that the mask mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA,” the judge wrote.

The White House called a federal judge’s decision against the CDC mandate for public transportation “disappointing,” but said the administration’s response was still under review.

“This is obviously a disappointing decision,” White House press secretary Jen Psaki told reporters Monday. “The CDC continues recommending wearing a mask in public transit.”

“As you know, this just came out this afternoon so right now the Department of Homeland Security, who would be implementing, and the CDC are reviewing the decision,” Psaki said. “And of course, the Department of Justice would make any determination about litigation.”

Just last week, the agency extended the transportation mask mandate (which had been set to expire originally on April 18) through May 3 — allowing officials to take more time to study the BA.2 subvariant of COVID-19.

“We do have upward trends of infections. CDC is responding to the data, and it’s implementing the measure it has the authority to do,” said James Hodge, a public health law professor at Arizona State University in an interview with NPR.

The filing came days after airline CEOs called on President Biden to drop the mandate.

“President Biden’s shortsighted, heavy-handed and unlawful travel policies are frustrating travelers and causing chaos on public transportation,” Florida Attorney General Ashley Moody, who is leading the states’ effort, said in a statement. “It’s long past time to alleviate some of the pressure on travelers and those working in the travel industry by immediately ending Biden’s unlawful public transportation mandates.”