Taking Back Our Stolen History
Federal Judge Strikes Down Biden’s Public Transportation Mask Mandate
Federal Judge Strikes Down Biden’s Public Transportation Mask Mandate

Federal Judge Strikes Down Biden’s Public Transportation Mask Mandate

A Florida federal judge has nullified Joe Biden’s national mask mandate covering airports, airplanes and other public transportation on Monday, ruling that the Centers for Disease Control and Prevention (CDC) exceeded its authority in imposing the mandates in February 2021.

U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, wrote:

It is indisputable that the public has a strong interest in combating the spread of Covid-19. In pursuit of that end, the CDC issued the mask mandate. But the mandate exceeded the CDC statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions. 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.

US airlines immediately dropped their mask requirements after TSA announced it would no longer enforce the mandate.

President Joe Biden’s Transportation Security Administration (TSA) announced that evening it would not enforce mask mandates at airports in light of the judge’s order that declared mandates on federal airplanes illegal.

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

“Accordingly, the Court vacates the Mandate and remands it to the CDC.”

The ruling is in response to a lawsuit filed in July 2021 by the Health Freedom Defense Fund, Ana Daza, and Sara Pope, who routinely traveled by airplane.

This comes as the Biden administration extended the national public transportation mask mandate by two weeks to May 3, when it was originally due to expire Monday, April 18.

As this is a developing story, it remains to be seen if airports and other major transportation hubs will adhere to the judge’s ruling or not, or if Biden’s Justice Department will file an appeal.

The Senate had voted 57-40 in a resolution brought forward by Sen. Rand Paul (R-Ky.) last month to repeal Biden’s mask mandate, but it was never sent to the Democrat-led House and Biden had threatened to veto it should it pass both chambers of Congress.

Read the judge’s ruling:

Far-left ride-share companies Uber and Lyft were forced to dropped their mask requirements for drivers and passengers after Biden’s mask mandate was declared unlawful.

White House Press Secretary Jen Psaki called the judge’s decision “disappointing” during Monday’s White House press briefing. Psaki added that the CDC and Department of Health and Human Services are “reviewing the decision and of course the Department of Justice would be making any determinations about any litigation.

Upon hearing that the TSA will no longer be enforcing travel mask mandates aboard airlines, videos circulated around social media of passengers celebrating.

One particular video shared by Babylon Bee Editor-in-Chief Kyle Mann showed a Delta flight attendant breaking down in tears as she removed her mask for the first time in two years.