Decision On Legal Appeal Of Travel Mask Mandate Left To CDC
The Justice Department announced that it is prepared to challenge a federal district judge's ruling that struck down the federal mask requirement on most public transit if the CDC deems it necessary in the interest of public health.
AP:
Feds Will Appeal Mask Ruling Only If Mandate Still Needed
The Justice Department said Tuesday it will not appeal a federal district judge’s ruling that ended the nation’s federal mask mandate on public transit unless the Centers for Disease Control and Prevention believes the requirement is still necessary. In a statement released a day after a Florida judge ended the sweeping mandate, which required face coverings on planes and trains and in transit hubs, Justice Department spokesman Anthony Coley said officials believe that the federal mask order was “a valid exercise of the authority Congress has given CDC to protect the public health.” He said it was “an important authority the Department will continue to work to preserve.” (Hollingsworth and Crawford, 4/19)
The New York Times:
Biden Administration May Appeal Mask Mandate Ruling
The Federal District Court judge in Tampa who struck down the mandate — Kathryn Kimball Mizelle — put forward a sharply constrained interpretation of the C.D.C.’s legal authority under the Public Health Service Act of 1944. If her view prevailed, the agency’s hands would be tied in future public health crises. But a ruling by a district court judge is not a binding precedent. Appealing the matter would carry the risk that the court that oversees her — the Court of Appeals for the 11th Circuit in Atlanta — could issue a ruling that constrains the agency’s future conduct at least in its region, the Southeastern United States. A majority of the judges on that circuit are also Trump appointees. (Stolberg and Savage, 4/19)
And controversy surrounds the judge who struck down the mandate —
NPR:
Judge Who Tossed The Mask Mandate Misunderstood 'Sanitation,' Legal Experts Say
When U.S. District Judge Kathryn Kimball Mizelle tossed out the federal government's transportation mask mandate on Monday, she relied in part on her interpretation of the term "sanitation." The 10-letter word can be found in the Public Health Service Act, a sprawling 1944 law that gave the federal government certain powers to respond to public health emergencies. The Biden administration relied on a piece of the Public Health Service Act to defend its COVID-19 mask mandate on airplanes and other forms of mass transit. (Hernandez and Simmons-Duffin, 4/19)
CNN:
Who Is Judge Kathryn Kimball Mizelle, The Federal Judge Who Blocked Biden's Travel Mask Mandate?
A little-known federal judge appointed by former President Donald Trump found herself in the national spotlight on Monday after striking down the Biden administration’s public transportation mask mandate. US District Judge Kathryn Kimball Mizelle has been serving as a federal judge in Florida for more than a year. Notably, the Senate vote confirming her to the lifetime appointment came in mid-November 2020, after the presidential election. She had been given a “not qualified” rating by the American Bar Association, based on her limited amount of experience post-law school. (Stracqualursi, 4/19)
Tampa Bay Times:
5 Things To Know About Kathryn Kimball Mizelle, Tampa Judge Who Struck Down Travel Mask Mandate
The judge’s decision quickly became political fodder, with commentators left and right alternatively dishing criticism and praise. Social media critics were quick to resurrect the controversy over Mizelle’s 2020 judicial nomination. She was just 33 when appointed as a judge in the Middle District of Florida, which includes the Tampa Bay area. She had eight years of prior experience as a lawyer — judicial nominees typically have more — raising questions about her qualifications for the lifetime appointment. (Sullivan, 4/19)
The Biden administration is struggling to meet its pandemic goals —
AP:
Moving Beyond Masks: Biden Toils To Put Pandemic Behind Him
President Joe Biden’s administration has been working for months to prepare people to rethink their personal risk calculations as the nation gets used to the idea of living with an endemic COVID-19. But that measured approach disappeared abruptly when a federal judge on Monday threw out the federal requirement to mask up when using mass transit. The ruling added to the urgency of the messaging challenge as the administration tries to move past the virus in the lead-up to midterm elections. (Miller, 4/19)
