Justice Department Appeals Court Order Blocking Travel Mask Mandate
"None of the district court's quarrels with the CDC order comes close to showing that the CDC has acted outside the 'zone of reasonableness,'" the Justice Department said in the brief. Meanwhile, other mask and vaccine requirements are in the news.
NPR:
DOJ Asks Federal Appeals Court To Reverse Order Lifting Travel Mask Mandate
The Justice Department asked a federal appeals court on Tuesday to overturn last month's court decision by a federal judge that declared the mandate requiring masks on airplanes and other public transportation unlawful. In a 48-page document filed in the 11th U.S. Circuit Court of Appeals, the Justice Department argues that the order issued by the Centers for Disease Control and Prevention in early 2021 "falls easily within the CDC's statutory authority." Last month, the Justice Department said that it would appeal U.S. District Judge Kathryn Kimball Mizelle's decision to strike down the CDC's mask mandate for public transportation if the agency determines the mandate is still needed to protect public health. (Franklin, 6/1)
The Washington Examiner:
Biden Justice Department Appeals Ruling That Lifted Federal Mask Mandate
The CDC has statutory authority over “sanitation” measures, which includes mask wearing, the DOJ argued in its appeal. Therefore, the agency did not exceed its authority and issued an order that was reasonable, as social distancing is not always feasible on public transit and handwashing is not effective against airborne illnesses, the filing states. ... It’s not entirely clear whether the CDC would reinstate the mask mandate if the ruling is overturned. (Mondeaux, 5/31)
In other news about mask-wearing and vaccine mandates —
AP:
Cal Poly San Luis Obispo Reinstates Indoor Mask Mandate
Cal Poly San Luis Obispo reinstated indoor masking on Tuesday due to rising numbers of COVID-19 cases. The numbers are not on the order of what was seen during the worst of the winter omicron surge but they are still concerning from a health and safety standpoint, Anthony J. Knight, executive director of public safety, said in a statement. (5/31)
AP:
Bill Would Ban Vaccination Proof To Enter Civic Facilities
State and local governments and educational institutions in Louisiana could not require proof of vaccination against COVID-19 for entry into government facilities under legislation advanced by a state Senate committee Tuesday. The 4-2 vote sends the House-passed bill by Rep. Larry Bagley, a Republican from Stonewall, to the full Senate. (5/31)
Indianapolis Star:
Indiana St. Vincent Workers Who Declined COVID-19 Vaccine Sue Hospital
Dozens of St. Vincent Health and Ascension Health workers in Indiana who were suspended without pay for not receiving the COVID-19 vaccine are asking a federal court to open a class action lawsuit. The 64 workers claim the hospital network discriminated against them because they objected to the vaccine on religious grounds. "Ascension Health established a coercive process calculated to force healthcare workers and staff to abandon their religious objections to the COVID-19 vaccination and receive the vaccination against their will," the lawsuit claims. Ascension Health owns St. Vincent Health. (Magdaleno, 5/31)
