The Biden administration took another big blow over COVID-19 on Monday after a Florida judge ruled against the CDC’s federal travel mask mandate, most known for forcing two-year-olds on airplanes to mask up.
New: A Trump-appointed federal judge in Florida has just vacated the CDC’s mask mandate in airports and other transport hubs https://t.co/mBuhPa9K8T pic.twitter.com/3aqDtgnJbe
— David Mack (@davidmackau) April 18, 2022
These details are very simple. The mask mandate was overturned because the CDC failed to follow the Administrative Procedures Act’s requirements. This has been done before. That was a favorite reason for liberal judges to strike down regulatory measures taken by Donald Trump, so there’s a bit of poetic justice in seeing a Trump-appointed judge now using the same precedent against the left.
Of course, he’s also right on the merits. The CDC is not authorized to retain a mandatory mask rule in place for an indefinite period of time without complying with the law regarding the proposal and allowing comments. It’s one thing to use an emergency provision for a few months. It’s another to keep claiming it two years later.
There is no reason why an airplane pilot should have a mandate to wear a mask. It is well-known that modern airplanes have such excellent air filtration that it is safest to stay in their cabin. Furthermore, putting a mask requirement on children younger than two is just plain cruel. It’s not backed by any data and there’s no justification for it. Besides, as I’ve shown many times, masks are highly ineffective in all circumstances.
Now what? Given the mandate was only extended for two weeks and is set to expire soon anyway, it’s likely the administration just lets it lapse and moves on. If this victory had not been achieved, it’s hard to imagine how many times they would continue re-upping the mandate. This is why it’s important to fight.