Note: This article may contain commentary reflecting the author's opinion.

Nearly a year after Florida U.S. District Judge Kathryn Kimball Mizelle struck down the Biden administration’s mask mandate in April 2022, the Biden Department of Justice is still attempting to fight the courts to gain back the power to force Americans to reinstall emergency health mandates.

As previously reported by the DC Enquirer, Judge Mizelle declared the Biden administration’s mask mandate on public transportation unconstitutional last year.

“The government purports to discover this unheralded power to regulate how individuals appear and behave in public in a long-extant statute—one over seventy years old,” wrote the Florida judge in her decision. “This history suggests that the power the government sees in § 264(a) is a mirage.”

“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,” the judge wrote condemning the mandate to the graveyard of history.

Despite the judge’s best efforts to end the mandate, the Biden administration has continued to appeal the decision, as reported by Breitbart.


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In a statement released at the time of Judge Mizelle’s ruling, the spokesman for the Department of Justice Anthony Coley said that the Biden administration would appeal the decision.

“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” Anthony Coley said in a statement on Twitter. The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect public health. That is an important authority the Department will continue to preserve.”

“On April 13, 2022, before the district court’s decision, CDC explained that the order would remain in effect while it assessed current public health conditions and that the Transportation Security Administration would extend its directive implementing the order until May 3 to facilitate CDC’s assessment,” Coley continued. “If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision.”

The lawyer for the DOJ Brian Springer argued that in order “to prevent the possible infections and deaths that could result if people didn’t do the simple thing of just putting on a mask while they were traveling.”

In a recent appeal the Justice Department’s lawyers centered their “focus on the CDC’s decision to put in place the requirements immediately rather than give the public a chance to comment on the mandate,” as reported by Reuters.

As President Biden continues to appeal the court’s decision in an attempt to reassert power over the American people, his desire to increase the power of the executive branch clearly shows no bounds. Americans and the court system sent a clear message that mask mandates shouldn’t be a part of public health policy. Despite this, the Biden administration will continue to try to get its power back.

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