St. Petersburg, Florida – A Florida federal judge has overturned the national mask mandate covering aircraft and other public transportation because it exceeds the authority of U.S. health officials.
Monday’s decision by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention (CDC) did not adequately justify its decision and did not follow proper regulations. Administrative Procedure Act (APA).
“The court finds that the mask’s mandate goes beyond the statutory authority of the CDC and violates the procedures required by the agency’s APA regulations,” the judge wrote. “As a result, the court overturns the warrant and remits it to the CDC.”
The CDC recently extended the mandate of the maskwhich was due to expire on April 18 through May 3 to allow more time to study the omavron BA.2 subvariant of coronavirus which is now responsible for the vast majority of cases in the US
The Trump-appointed judge also wrote that the court “accepts the CDC’s political determination that demanding masks will limit the transmission of COVID-19 and therefore reduce the serious illness and death caused by COVID-19,” but that ” finding oneself is not enough to establish a good cause. ”
The mask requirement for travelers was the target of months of pressure from airlines, who intended to kill her. Carriers argued that effective air filters on modern aircraft make the transmission of the virus during a flight very unlikely. Republicans in Congress also fought to kill the mandate.
Critics have taken advantage of the fact that states have repealed rules requiring masks in restaurants, shops and other indoor settings, and yet COVID-19 cases have plummeted since the omicron variant went peak in mid-January.
The Justice Department is reviewing the decision. The CDC said it does not comment on the pending litigation.
“The CDC recommended continuing the order for an additional two weeks, to be able to assess the latest science in accordance with its responsibility to protect the American people,” the White House press secretary said. , Jen Psaki, Monday afternoon. “So obviously this is a disappointing decision. The CDC is still recommending wearing a mask on public transportation. As you know, this just came out this afternoon, so right now, the Department of Homeland that would implement it and the CDC are reviewing the decision. and, of course, the Department of Justice would make any determination about the litigation. “
– Rob Legare, Kathryn Krupnik and Kathryn Watson of CBS News contributed to this report
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