Posted on 04/19/2022 6:00:31 PM PDT by george76
The Department of Justice announced Tuesday evening the Biden administration will appeal Monday’s ruling by a federal judge in Florida that struck down mask mandates for air and Amtrak travel.
“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health. The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve,” DOJ released in a statement. “On April 13, 2022, before the district court’s decision, CDC explained that the order would remain in effect while it assessed current public health conditions, and that the Transportation Security Administration would extend its directive implementing the order until May 3 to facilitate CDC’s assessment.”
“If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision,” the statement concludes.
Earlier today President Joe Biden was asked about the mandate and said the decision about whether to wear a mask while traveling is a personal choice. His new Wuhan coronavirus advisor pushed for the reinstatement of the mandate.
I talked to someone today that said they are flying next week and not wearing a mask and taking a copy of the judge’s ruling if he is told he has to wear a mask. He’s prepared to take them on!
I talked to someone today that said they are flying next week and not wearing a mask and taking a copy of the judge’s ruling if he is told he has to wear a mask. He’s prepared to take them on!
The CDC is a private entity that receives funding from big pharma, how are they legally entitled to make such decisions? That’s for Congress to decide.>>>> actually it falls under the HHS
Yes
There will be no “superdoopermega dangerous” variant of SARS-CoV-2. It’s over. Omicron is a pussy, and BA.2 is a whimper.
The left must be beginning to understand this at some level. Even my kids understand this. The Left will continue to bleed votes if they push this.
I’m betting this is just more CoVid theater for the masses.
You actually think that extending the mask mandate will help Democrats?
Are they making a bed for fauci... They ought to make hay with the psycho...
The damage he has done and the deaths he caused... Will the elite in charge ever admit they coddled a killer.
So, did the CDC say masks were needed?
Here the DoJ said they’d appeal it if the CDC said they were needed:
https://freerepublic.com/focus/f-news/4056348/posts
But, why are the administrative state unelected officials running roughshod over everyone?
You are confusing the actual CDC with the non-profit CDC Foundation which helps raise money for research.
Cannot put the genie back in the bottle. Waste of taxpayer money to appeal.
Could be. Trying to avoid offending the base without actually doing anything. No emergency stay, just let it twist in the wind until May 5th.
Every time they do something like this, millions more Americans realize just how utterly crooked the Leftist federal government is.
Since Congress never granted this authority to the CDC I’ll put money on a 6-3 SCOTUS uphold of the lower court
“And the bottom line is MONEY.”
Sorry, but I find that to be too simplistic, these days.
What kind of money, “Biden Bucks”? With inflation at what, 20%? How does “money” explain Australia, masks and lockdowns?
No. This is not “money”. Pharma has chosen what it thinks will be the winning side. They would rather work for the Government than money. The Government doesn’t even want “money”. They are working hard at having no American economy, whatsoever.
Thus the judge’s ruling. Even if the CDC had that power from Congress, they did not follow the required procedures to implement regs.
Running roughshod is exactly correct.
And if we don't stop this crap, we'll be casting our votes while watching our favorite re-run. I think that's the ultimate goal.
We need to go back...you get your a** in gear and go to the polling booth.
It will help with the loony far-left base, but hurt with everyone else. They will fight very hard for the base in the next few months.
US District Judge Kathryn Kimball Mizelle relied on three independent grounds in invalidating the mandate.Hinderaker correctly called that last item, that the government would appeal immediately before the CDC reconsiders things under the remand order.The court concluded that vacating the Mask Mandate rule was the appropriate remedy for the CDC’s violations of the Administrative Procedure Act. The court further ordered the Mandate remanded to CDC for further proceedings consistent with her order. I (i.e., Hinderaker) assume the government can appeal notwithstanding that remand, and will promptly move for a stay on enforcement of today’s order in the 11th Circuit Court of Appeals.
- It exceeded the statutory authority that Congress has delegated to CDC under the 1944 Public Health Services Act, 42 U.S.C. § 246(a). The Biden administration argued that the mandate is justified by a reference in that section to “sanitationmeaning of the word “sanitation” in context to conclude that the mask requirement is not “sanitation” within the meaning of the statute.
- It is a rule that was adopted without the required public notice and comment period. The government claimed that the mask mandate was covered by the “good cause” exception that allows an agency to proceed without public input when a notice and comment period would be “impracticable, unnecessary, or contrary to the public interest.” The exception is narrowly construed and the burden is on the agency to show that it applies. In this case, the CDC simply recited the statutory standard in conclusory form without making any showing that notice and comment would, in fact, be “impracticable, unnecessary, or contrary to the public interest.” The court understandably found this to be inadequate.
The court accepted CDC’s claim that wearing masks would, in fact, retard the spread of covid. But that assumed fact does not constitute “good cause” for proceeding without notice and public comment, or else that requirement would be a dead letter for any action undertaken by CDC.
CDC argued further that a public comment period would have been useless because the agency’s mind was already made up. The court understandably rejected this theory, noting that the rule directly impinged on individual freedom; thus the public had a strong interest in being heard.
- The Mask Mandate was arbitrary and capricious because the CDC articulated no rationale for the agency’s rejection, or failure to consider, alternative measures, or for its system of exceptions
Because it was never about health.
Masks are training burkas or muzzles.
The November 2020 coup d'état players include the DOJ.
Fascist is as Fascist does.
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.