Tuesday, April 19, 2022

Trump-Appointed Judge Deemed ‘Not Qualified’ by Bar Association Voids Mask Mandate on Planes, Other Travel

 

Trump-Appointed Judge Deemed ‘Not Qualified’ by Bar Association Voids Mask Mandate on Planes, Other Travel

The TSA says it will no longer enforce the mask mandate 
in light of U.S. District Judge Kathryn Kimball Mizelle’s 
decision

A Trump-appointed Federal judge in Florida has voided a national mask mandate for airplanes and other transportation. “Wearing a mask cleans nothing,” U.S. District Judge Kathryn Kimball Mizelle wrote in her decision on Monday. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

Mizelle, 35, was only eight years out of law school at University of Florida when Trump appointed her to the lifetime position in 2020. The Daily Beast noted at the time that her only trial experience was as an intern, and that she held four clerkships, including one for Supreme Court Justice Clarence Thomas. Mizelle was rated “not qualified” by the American Bar Association prior to her appointment, citing her lack of experience.

The transportation mandate case on which Mizelle ruled was filed on behalf of a group known as Health Freedom Defense Fund, as well as airline passengers. Mizelle said that the Centers for Disease Control had exceeded its legal authority, that it had failed to justify its decision and follow comment protocols, and that the mandate was “arbitrary and capricious,” according to The Washington Post. The CDC had announced earlier this month that it extended its mask mandate to May 3.

The Transportation Security Administration (TSA) said it will no longer enforce the mask mandate in light of Mizelle’s decision, according to CNN.

The Biden administration was dismayed by the ruling. “This is obviously a disappointing decision,” Press Secretary Jen Psaki said at a press briefing on Monday. “The CDC continues recommending wearing a mask in public transit.”

 

Republican leaders on the House and Senate transportation committees pressured the Biden administration earlier this month to end the mandate or decline to extend it. The Senate voted last month to overturn the public health order requiring masks on airplanes and public transit, and, as the Post points out, 21 states, most of which are led by Republicans, sued the government seeking to end the mask mandate. CEOs from airline companies have also urged Biden to lift the mandate.

Fortunately for the mandate’s opponents, the former president was able to appoint a slew of unqualified judges.

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