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:
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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 al. It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health. CDC 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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