Posted on 04/20/2022 2:18:52 PM PDT by Kaslin
Did you know that the federal judge who vacated the federal mask mandate for airline and public transit passengers on Monday is only 35? The New York Times thought that detail was important, and so did Slate legal writer Mark Joseph Stern.
The fact that critics of U.S. District Judge Kathryn Kimball Mizelle's 59-page decision focused on her age rather than her reasoning reflects the confusion of people who tend to assume that any COVID-19 control measure they view as sensible must also be legal. These are two distinct questions, and conflating them amounts to rejecting the rule of law.
Mizelle was responding to a lawsuit challenging an "order" that the Centers for Disease Control and Prevention published in the Federal Register on Feb. 3, 2021. She concluded that the rule, which applied to taxis and ride-sharing services as well as airplanes, airports and public transportation systems, exceeded the CDC's authority and violated the Administrative Procedure Act.
The CDC issued its mask mandate under a provision of the 1944 Public Health Service Act that authorizes regulations to prevent the interstate spread of communicable diseases. The law mentions "inspection, fumigation, disinfection, sanitation, pest extermination" and "destruction" of infected or contaminated "animals or articles" as well as "other measures" deemed "necessary."
When the CDC cited the same provision to justify its nationwide eviction moratorium, it argued that the phrase "other measures" authorizes any disease control measure it considers appropriate. The Supreme Court rejected that "breathtaking" power grab, saying the list of specific examples "informs the grant of authority by illustrating the kinds of measures that could be necessary."
(Excerpt) Read more at townhall.com ...
“When Stern calls her a “Trump judge,” he is echoing Trump, who dismissed a ruling he did not like as the politically motivated work of “an Obama judge.”
Good swing, but . . .
Where the Reason Gang misses is that Stern is a hack, with blatant BS to press ideology by un-elected force. Our PDJT the GOAT, was contesting plainly political rulings from a judge which should have been left to the Legislature.
The two cases are really mirrors of each other.
That Reason misses it is not uncommon.
Just like I'm scared of the young non-biologist appointed for life to SCOTUS.
I urge people to read her ruling. It is a tour de force legally
I’m guessing a few weeks in the courts, past theMay deadline
... Shxt happens.
The CDC is an extra-Constitutional entity, more in line with an NGO. People who work there, like people in the FDA, seem to make money on projects they are giving an up or down thumb to.
Isn't that the truth!! Or POTUS! I hope I'm dead by then.
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