Posted on 07/24/2021 6:28:52 AM PDT by Capt. Tom
CDC Cruise Order Decision Reversed After Florida Appeals to U.S. Supreme Court The CDC cruise order decision has been reversed after Florida appeals to the U.S. Supreme Court to allow cruise ships to disregard CDC requirements.
The State of Florida has once again been successful in its ongoing dispute with the U.S. Centers for Disease Control and Prevention (CDC) Conditional Sailing Order. The state went all the way to the U.S. Supreme Court to appeal an earlier decision that favored the CDC to keep its order on cruise ships in place in Florida.
Florida Goes to U.S. Supreme Court Against the CDC Florida has come out in front with its ongoing dispute against the CDC’s Conditional Sailing Order over cruise ships in a major new development on Friday evening. After the state appealed to the U.S. Supreme Court, the Eleventh Circuit Court reversed its decision against Florida.
Previously, the CDC successfully put a hold on U.S Judge Steven Merryday’s decision to order the Conditional Sailing Order only as a recommendation rather than a requirement from July 18. However, now with the latest decision by the Supreme Court, it means that the hold has gone, and cruise ships can resume without following the CDC order.
Florida Governor Ron DeSantis said:
“I’m glad to see the 11th Circuit Court of Appeals reverse its prior decision and free the cruise lines from unlawful CDC mandates, which effectively mothballed the industry for more than a year.”
“The importance of this case extends beyond the cruise industry. From here on out a federal bureau will be on thin legal and constitutional ice if and when it attempts to exercise such sweeping authority that is not explicitly delineated by law.”
Originally, Florida had filed a lawsuit against the CDC, and the U.S. District Judge first issued mediation between the two parties. Without any positive outcome on the discussions, the case went back to the Judge, who sided with Florida on June 18.
The CDC then went to the 11th Circuit Court of Appeals just before the July 18 injunction was to go into effect. The CDC was successful in keeping its order on cruise ships in place. With today’s decision, that appeal by the CDC did not last long.
With the final decision now made by the Supreme Court, it does mean that cruise ships can now resume operations in Florida without following the CDC order. The ruling allows all cruise ships to resume immediately, but that will likely not happen.
Cruise lines have already put their plans in place on a phased-in return to service. Some vessels have already resumed cruises out of Florida with protocols in place and following CDC guidelines. The reality is that the instructions issued by the CDC will likely still be followed as reversing all the detailed protocols could cause even more confusion for guests.
Cruise lines have spent months working through complicated details, and that path is set to continue. However, we could see some tweaks here and there to make it easier for guests preparing for their cruise out of Florida. We’ll just have to wait and see what cruise lines decide to do.
The cruise industry suspended operations in March 2020, and now, in recent weeks, for the first time, ships are resuming. Celebrity Edge became the first cruise ship to restart sailings in the U.S. when she departed Fort Lauderdale on June 26. Cruises have also resumed out of PortMiami, the cruise capital of the world, and in the coming days, the first ship will restart out of Port Canaveral.
More confusion and action expected.
Is your head spinning yet?-Tom
Thank you, DeSantis for pushing back on the ever growing authoritarian state.
For those keeping score at home, this isn’t a binding precedent. Instead, it’s merely ruling on an Emergency Application and that ruling comes from the Justice responsible for overseeing the 11th Circuit....Clarence Thomas.
So, the District Court in FL found favorably for the State of Florida. The 11th Circuit stayed that decision with a preliminary injunction and now Clarence Thomas has vacated that stay order, which now leaves in place the injunction issued against the CDC by the District Court in Florida.
It will be interesting to see if Biden’s Administration withdraws their order to moot the case because as Thomas points out in his order to vacate, the case is likely to eventually be heard by the Court on the merits. Thomas capably lays out the argument why the CDC clearly oversteps its authority. Team Biden may not want that heard and decided because it’s (hopefully) a loser for them. Here’s Thomas’ order...
https://fm.cnbc.com/applications/cnbc.com/resources/editorialfiles/2021/07/23/21A5.pdf
The cruise industry is probably finished. There will be endless panic pronouncements and cruises will be prisoner to endless changes in rules. This is yet another huge business killed by government interference.
Yes, thank you.
Gosh. What a screwed up article.
Rochelle is going to get a lot MADDER
Knee-jerk government bureaucrats who issue illegal orders and regulations need to suffer consequences when they act wrongly. Loss of jobs and retirement benefits, fines, even jail time when appropriate.
These clowns casually destroy businesses and lives. When a court reverses their evil work, they simply continue to the next victim.
They really need to pay a price.
I don't think it can all go away just like that.
-PJ
PJT - I agree with you there. I think a lot of people miscalculated when they went after the cruise industry so hard. Follow the money? Besides, it doesn’t make sense if you look at comparable venues.
Colleges and universities? How are they so different?
Air travel - not really very different.
Casinos - are you seeing lots of similarities?
Theme parks? And I think Disney owns a cruise line that had been hugely profitable.
Branson has a cruise line that suffered many delays because of WooHanFloo.
Really makes you wonder who (or is it the WHO?) wants the cruise industry totally destroyed.
DeSantis also has a trump card, ban cruise ships. My ports, subject to state law. If you want to do a vaccination check once you leave port, go ahead. See how that works out. Otherwise, no discrimination. And, it is simply that.
There is also the Constitutional aspect:
Article I Section 9
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.Any regulation of cruise ships in Florida must be applied nationwide. Therefore, any ruling that prevents the CDC from regulating cruise ships in Florida must also be applied nationwide.
-PJ
“The cruise industry is probably finished.”
As long as a single positive test, sinks the entire voyage, the industry is gone.
Even if the jabs were 95% effective, there could be a ship coming back with 20 positives anyway.
Odds for 100% negative results CANT HAPPEN.
The cruise ship industry is worth billions to FL. That’s a trump card he could never play.
Superb post. Thanks very much.
On the other hand the global warmist cabal has been trying to get rid of the entire industry for years, and this is their big opportunity. They don't like the hoi polloi gallavanting around the globe. That's for special people on private yaghts.
Many folks I know are not making travel plans until this nonsense goes away. Right now all trips we were signed up for thru 2023 we have cancelled.
I had no idea district courts were overseen by Supreme Court justices. And the SC justice can vacate a district court ruling? Is this common?
I seriously thought I was educated.
This is easily handled
HCQ plus Zn to treat on first symptoms
Quercetin plus Zn taken by everybody
It’s easy. Just ignore CDC and Fauci
Good informative post. Thank you.
My computer has out flanked me again, and after I find the computer hidden Cruise ping list I cannot copy, cut or paste any of it.
If you know anyone who might be interested in this thread please notify them.
I added in few as recipients to this post but left a lot off. -Tom
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.