Biden Mask Mandate Struck Down As Unconstitutional, Most Airlines Will Not Require Masks

Monday, a judge struck down the Biden Administration’s mask mandate for travel. The judge found that the CDC had “exceeded its authority” in issuing the rule.

This is the latest development in a lawsuit filed by the Health Freedom Defense Fund against the Biden Administration last July.

The ruling was issued by Judge Kathryn Kimball Mizelle, a Trump appointee to the Middle District of Florida. She found that the CDC had misused the “good cause exception,” which allows it to bypass normal legal procedures when issuing new rules.  

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the Court declares unlawful and vacates the mask mandate.” Judge Mizelle wrote. The “desirable ends” quote was pulled from the Supreme Court ruling striking down Biden’s eviction moratorium.

The mask mandate primarily affected air travelers, but also applied to various other forms of public transportation.

Many airlines, despite lobbying against the mandate for months, were initially quick to announce they would continue to require masking, although they rapidly reversed course.

Various public officials reacted to the ruling in predictable ways:

Responding to the ruling, Biden Press Secretary Jen Psaki said that “This is obviously a disappointing decision,” adding “the CDC is [still] recommending wearing a mask on public transit.”

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