Biden Administration Urges Judges to Lift Stay on CDC’s Airplane Mask Mandate

Contact Your Elected Officials
The Epoch Times Header

President Joe Biden’s administration in a court hearing on Jan. 17 urged judges on a federal appeals court to overturn a ruling from a lower court that struck down the administration’s airplane mask mandate.

The U.S. Centers for Disease Control and Prevention (CDC) had “good cause” to impose the mandate and bypass the notice- and comment period required by the Administrative Procedure Act (APA), Brian Springer, an attorney for the government, told judges of the U.S. Court of Appeals for the 11th Circuit.

At the time the mandate was imposed, in early 2021, “there were variants that had just been detected that showed signs of increased transmissibility, and people were starting to travel again,” Springer said. “In those circumstances, the CDC had good cause to issue this order, particularly when the CDC detailed the reasons why in this particular environment, namely in the transportation sector and in transportation settings, COVID had a specific tendency to spread among people who are traveling together because they’re standing together in lines and sitting together on conveyances.”

One of the judges expressed skepticism with the line of thinking, accusing the CDC of issuing “boilerplate” language to impose the mandate without a notice and comment period. Under a ruling in a separate case, boilerplate statements that COVID-19 exists and that there’s a public emergency aren’t sufficient to satisfy the “good cause” exception to the APA. Springer disagreed, saying the CDC’s statement provided rationale that met the standard.

U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, said in her 2022 ruling that the CDC violated the APA by only issuing a single conclusory sentence to support ducking the notice requirements.

She noted that at the time the order was issued, around a year had passed since the beginning of the pandemic, and COVID-19 cases in America were on the decline.

Brent Hardaway, arguing for Health Freedom Defense Fund, which brought the case, said that the mandate was “very strange” given that airplanes and many airports already had mandates in place, in addition to the decline in cases.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Science Has Finally Come For Transgenderism

British biologist Richard Dawkins said “trans women are men,” calling transgender ideology a movement that undermines biological truth.

Trump is Coming for Antifa

Liberals say there is no organization called “Antifa”. Conservatives say Antifa is real and we now know how it is funded. What should we believe?

The Pentagon vs. the Free Press (or What’s Left of It)

Reporting what the government would rather not have reported is not just an essential function but a duty of a free press in a representative system.

Truth & Treason

World War II has long served as a compelling...

Is an American confusing England for Britain a problem?

The difficulty is when Americans try to engage with British politics, where they keep saying "England" rather than "Britain."

Artillery Fire at Vance’s Marine Corps Celebration Sparks Friction With Newsom

Marine officials said firing artillery at Camp Pendleton is routine and disrupting traffic on I-5 is unnecessary, but Newsom closed portions of I-5 anyway.

FBI Director Says Hunting Stand Found Near Trump’s Air Force One Exit Area

FBI Dir. Kash Patel and the Secret Service found a hunting stand overlooking an Air Force One exit area near Palm Beach Airport before Trump’s arrival.

Transgender Identification Losing Ground Among Young Americans, Report Says

A newly released report suggests transgender identification among Generation Z in America has lost momentum after peaking in 2023.

US Warns Hamas Planning Attack on Palestinian Civilians in Apparent Violation of Gaza Cease-Fire

The U.S. State Dept said it has “credible reports” that the Hamas terrorist group could violate the cease-fire with an attack on Palestinian civilians in Gaza.

Army Corps of Engineers to Pause $11 Billion in Projects During Shutdown: Vought

Russ Vought, director of the White House’s OMB, has added to the growing pile of federal projects paused during the government shutdown.

Trump Signs Executive Order Putting New Restrictions on Federal Hiring

Trump signed an executive order directing federal agencies to restrict hiring, with exceptions for immigration, security, and political appointees.

Trump Says He Has Authorized Covert CIA Operations in Venezuela

President Trump authorized covert CIA operations in Venezuela, expanding U.S. assets there to increase pressure on President Nicolás Maduro’s regime.

Trump Posthumously Awards Charlie Kirk the Presidential Medal of Freedom

President Trump posthumously awarded Charlie Kirk the Presidential Medal of Freedom in the White House Rose Garden on Oct 14, Charlie's birthday.
spot_img

Related Articles

Popular Categories

MAGA Business Central