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Biden Admin To Seek Reinstatement of Mask Mandate At Urging Of CDC

Biden Admin To Seek Reinstatement of Mask Mandate At Urging Of CDC

Notice of Appeal filed from ruling by striking the transportation mandate as beyond the CDC’s authority, but so far no request for emergency appeals court relief.

Yesterday I reported on the decision by Judge Kathryn Kimball Mizelle striking down the CDC national transportation mask mandate as beyond the CDC’s authority and for failing to follow required procedures, Smear Campaign Mounts Against Trump-Appointed Judge Who Struck Down CDC Mask Mandate, But DOJ Will Not Seek Emergency Stay.

Today I appeared on the Tony Katz Radio Show to discuss the ruling and the attacks on the Judge:

(if podcast player does not load, click here)

One of the things I noted was that the DOJ had not yet sought an emergency stay, awaiting word from the CDC whether it wanted the ruling appealed.

The CDC has instructed DOJ to appeal, though it’s not clear whether they will seek an expedited ruling

To protect CDC’s public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et alIt is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public healthCDC will continue to monitor public health conditions to determine whether such an order remains necessary.  CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.

CDC continues to recommend that people wear masks in all indoor public transportation settings. CDC’s number one priority is protecting the public health of our nation. As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor. When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone.

Today DOJ filed a Notice of Appeal, a document that starts the process, but there’s nothing in the 11th Circuit Court of Appeals Pacer system indicating that an emergency motion has been filed (the electronic docket sometimes lags when a case is just opened). None of the news reports indicate any expedited procedure either. DOJ’s spokesperson tweeted:

In light of today’s assessment by @CDCgov that an order requiring masking in the transportation corridor remains necessary to protect the public health, the Department has filed a notice of appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al.

If removing the transportation mask mandate were such a grave threat to public health, you’d think DOJ would be seeking emergency relief. Maybe it will.


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Based on the reactions of travelers throughout this nation, it would be best if Brandon would leave the mask mandate issue to rest. I guess they want to see a BIGGER RED WAVE in November!


There is no greater example of how insane and disconnected from normal people Democrats are, than the poll that says 80% of Democrats still support mask mandates.

Calling Will Smith – holding a cast iron frying pan, still hot from the stove:

Biden just called your wife an “eight ball”.

Colonel Travis | April 20, 2022 at 9:51 pm

I read the 59-page order, it’s pretty easy to understand. The government overreach is clear. What’s also clear is that the government doesn’t care. This is scary. They want that boot on your throat really bad. If they aren’t stopped, it will only get worse.

    Another Voice in reply to Colonel Travis. | April 21, 2022 at 5:21 pm

    I expanded on this on Mary Chastain’s covering Biden’s messed up remarks on “Masking and Title 42”. Biden has Dementia and is continuing to show unpreventable displays of diminished physical and mental acuteness. We are seeing it happen and the more we do the more those who are trying to cover it up are using legislated mandates to do it. The Covid Mandates have protected him from having to interact in a way that a President has been known to do and be available 7/24/365. The Title 42 has the media looking in another direction. The longer the unknown “they” who can keep up Kabuki theater through the general election in Nov. ’22, will have extended their hope for a miracle.

CDC is wrong on the science and physics of the problem, and the Biden administration is wrong on The Constitution. Although, emanations from penumbras (i.e. The Twilight Fringe, conflation of logical domains)… Follow the cargo cult.

At this point, the purpose of the appeal is to protect CDC’s claimed turf and Chevron deference. The bureaucrats have given up on the mask charade for the moment.

The CDC is closely aligned with the NIH who made $125 billion in one year on one vaccine. How are they supposed to sell vaccines without the masks reminding people of the need?

“Yesterday I reported on the decision by Judge Kathryn Kimball Mizelle”
And you still haven’t repaired the title photo. Just sayin’.

    I saw your first comment and had no idea at all what you meant by “the top graphic is broken.” I didn’t know which “top graphic” you meant (it could be the header, any of the icons/social media links/site menu/the registration bar/who knows?). Now you are saying it’s the title photo, great! That’s narrowed it down substantially. But what exactly is wrong with it? We’re happy to address and correct things, but it helps if you tell us exactly what you mean in precise terms. Now that we know you mean the featured image, tell us how it is “broken” and needs to be “repaired.” I ask because it looks fine to me on my computer.

they protect themselves, and those around them

That’s a big change they’re trying to sneak in. CDC used to say that masks only protect others, not you. That’s why they said everybody needs to be masked, not just people who (erroneously) think they need a mask to protect themselves.

As predictable as the day is long. The vile, totalitarian and narcissistic Dumb-o-crat apparatchiks can’t stomach the notion of a “Trump judge” ending their precious, utterly ridiculous masking diktat.

    Lucifer Morningstar in reply to guyjones. | April 21, 2022 at 7:18 am

    A totally unqualified Trump Judge that received an “unacceptable” rating from the ABA no less.

    And the democrat smear campaign continues apace against anyone they perceive as the enemy.

      Bruce Hayden in reply to Lucifer Morningstar. | April 22, 2022 at 2:32 am

      This is called an ad hominem attack. Which is an admission that you likely did not read the decision, and if you had, you didn’t understand it, so are attacking the judge personally, instead of her decision.

Steven Brizel | April 21, 2022 at 8:32 am

So far CDCs arguments have been found lacking in any Congressional authority

The DoJ can cite precedence on the issue of emergency authority — the Emergency Price Control Act. Back during WWII the federal government mandated an emergency freeze on rent hikes to prevent price gouging during wartime, but New York City has determined that the war time emergency is still ongoing in 2022.

Government emergencies have a lifespan of at least 80 years.

Not requesting an emergency stay of the District Court’s Order means this is all for show…

We have, hopefully, reached the peak Mask Covidian . The CDC and the admin have several obstacles to overcome at least IMO. Here are three.
1. No filing of an expedited appeal. This isn’t a throwaway point it’s central to the govt claim. They claim that the immediate circumstances; rising Rona case counts, are what warrant their 15 day extension of the Mask mandate. Their lack of urgency in their filings undermines that claim. In fact, it demonstrates that CDC isn’t appealing out of concern for public health but rather to preserve it’s future power.
2. Mask effectiveness; here there are of studies showing that masks in general are ineffective. The N95 mask or higher quality may have a negligible benefit but only when properly fitted, exchanged for new mask after several hours and worn constantly. Nothing in the CDC mandate requires N95 masks; an ineffective and loose fitting cloth or surgical mask pass their muster.
3. The mandate applies to travel during which passengers are allowed to remove their masks to eat or drink. This voids the utility of all masks no matter the quality. Air exchange occurs between passengers during meals which obviously can result in transmission.

ignore the s.o.b. Seriously, ignore him and the cdc. he is a criminal and they are enablers of the big lie.