Appeal over federal transportation mask mandate heads to court

[Right_in_Virginia]

Appeal over federal transportation mask mandate heads to court
News 13, Jan 17,  2023

MIAMI, Fla. — The Eleventh Circuit of Appeals heard arguments over a federal mask mandate on Tuesday, Jan. 17.

After a Florida federal judge struck down a mask mandate for planes and other transportation last April, the CDC quickly countered by requesting an appeal through the Justice Department.

The appeal drew criticism from the U.S. Travel Association, which, along with other industry groups, had been pressuring the Biden administration for months to end the mask mandate for travel.

During Tuesday’s hearing, attorneys with the Biden administration argued the CDC is in a position where they must make public health decisions under quickly developing circumstances.

Under the Administrative Procedure Act, agencies like the CDC must provide the public notice and the ability to comment on a new rule — like a mask mandate.

Agencies can get around this if they prove “good cause” that compliance would be impractical.

However, the court questioned whether the existence of COVID-19 is enough to warrant “good cause.”

The defense rebutted that the circumstances around the pandemic are always quickly evolving, and a delay for public comment could take up valuable time.

The Health Freedom Defense Fund argues that the CDC has no legal authority to adopt a mask mandate.

Attorney Brant Hadway stated that the Public Service Act, which allows the CDC to enforce regulations that prevent the spread of disease through sanitation, has a broad interpretation of what people may consider as sanitation measures.

“When you accept the CDC’s interpretation, you open the door to the CDC mandating any manner of health interventions. What would prevent the CDC from turning around and mandating vaccinations?”​ said Hadaway.

Other proponents of the mandate, including the American Medical Association, state that a mask requirement on transportation is a reasonable way to curb the spread of COVID-19. They also argue that the CDC could end the mandate in the future given the right circumstances.

More.   https://www.mynews13.com/fl/orlando/news/2023/01/17/appeal-over-federal-mask-mandate-heads-to-court

[mountaineer]

I was thinking of planning a trip for this fall, but have drastically changed the destination to someplace accessible by car. Enough of this nonsense.