Remember when a federal judge in Hawaii could block Trump immigration policy and the left cheered? Or reinstate DACA?
Today, a federal judge in Florida has blocked the CDC/Biden administration’s mask mandate for public transportation, that had been extended yet another two weeks just last Wednesday, on the grounds that the Useless CDC had overreached their authority.
The ruling from U.S.. District Court Judge Kathryn Kimball Mizelle, came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC’s authority, was “arbitrary” and “capricious” and not going through the required notice and comment period for federal rulemaking.”
Remember how the Useless CDC lost in court regarding the federal eviction moratorium, in a case that went all the way up the ladder to the Supreme Court, because they overreached on their authority? Same song, second verse here – it just took a LOT longer for that second verse to show up.
Of course, the Biden administration has a sad, as Jen ‘Pspin’ Psaki gave a quick comment on the ruling during today’s press briefing.
And it’s a fair question to ask “what happens next?” Does the Biden administration try challenging this in court, when the airlines have already asked that the mask mandate NOT be extended?
…If the Biden Administration wants to prevent such a suspension in enforcement, the Useless CDC needs to issue a warning and the DOJ needs to file for an emergency or expedited order.
— Jonathan Turley (@JonathanTurley) April 18, 2022
Regardless of the administration’s next moves, the left, who LOVED the federal judiciary when it agreed with them, is now freaking out.
Try explaining to your friends in other liberal democracies that a single unelected, life-tenured, 35-year-old judge just abolished the air travel mask mandate for the entire country.
No peer nation would tolerate such a power-drunk juristocracy. Our system is badly broken.
— Mark Joseph Stern (@mjs_DC) April 18, 2022
Yes, it was TOTALLY GREAT when a federal judge in Hawaii struck down the “Trump travel ban” and it was ABSOLUTELY RIGHTEOUS when a U.S. district judge in New York single-handledly brought back DACA, but if a young Trump-appointed federal judge in Florida rules against the CDC’s authority? It’s the end of the world, and pointing out that the judge is a 35 year old woman, appointed by the BAD ORANGE MAN, and whining about lifetime appointments to the judiciary for “not qualified” candidates, is perfectly acceptable without the slightest hint of self-awareness or irony if you are on the left.
So let’s look at what Judge Mizelle actually said.
The ruling can be found here. It’s a summary judgment based on failures to abide by the Administrative Procedure Act (APA), an ever-popular resort for lawsuits against regulation. Judge Mizelle also ruled, however, that the Useless CDC lacks the statutory authority to impose such conditions, even by suggestion, a ruling that likely will sound familiar to anyone who followed the Supreme Court’s handling of the eviction-moratoria challenges.”
In fact, Mizelle makes specific mention of the eviction moratoria in a broad rebuke of the CDC. It also notes the CDC’s loss on shutting down the cruise-ship industry, with the transit mandate the last remaining issue facing courts. Their enabling statute authorizes the Useless CDC to order “sanitation,” but that is reserved for active “cleaning measures,” not mandates on personal behavior. “Wearing a mask cleans nothing,” Mizelle writes, and that sanitation refers to changing the status of an object in public areas rather than preserving it. The word also applies to public property rather than individuals, Mizelle points out. Furthermore, while the Useless CDC definitely has statutory authority to prevent entry of people to the US in regard to concerns over infectious diseases, they have none when it comes to Americans moving about within the country.”
That is an important distinction, especially when it comes to the impulse that is well observed already that the Useless CDC and the Biden administration plan to maintain the status quo of public areas, ie masking, indefinitely.”
And we’re back to the endless debate that the Biden administration is intent on having with itself – is COVID-19 a dire threat that requires extraordinary interventions like mask mandates for travel, federal student loan moratoriums/possible forgiveness of loans, and a national state of emergency, or is it now just an endemic part of life so Title 42 can be lifted and we can ignore “superspreader” events among the powerful left as no big deal?
Of course, we all know the answer. The Biden administration wants COVID-19 to be a threat when it is trying to keep control, and not a big deal when it is a political inconvenience to their plans. They should let this ruling stand, especially considering the Supreme Court’s ruling on the eviction moratorium, but I have a feeling that they might make mask mandates for travel the hill they want to die on. Get your popcorn ready.
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Author: Deanna Fisher
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