The Biden administration argued on Tuesday that it had the authority to require airline passengers and other travelers to wear masks on mass transit, nine months after a federal judge in Florida vacated the federal mask mandate.
The Justice Department claimed that the Centers for Disease Control and Prevention had the legal authority to immediately require masks on planes, trains, and buses due to the COVID-19 pandemic before a panel of the 11th U.S. Circuit Court of Appeals."Wearing a mask was one of the most modest and most effective means available in early 2021 to combat the spread of COVID-19 and to allow air travel to resume safely.
A panel of the 11th U.S. Circuit Court of Appeals pushed back on the Biden administration's argument that the CDC had"good cause" to forgo a provision of the federal Administrative Procedure Act, which requires that the government give the public proper time to review and comment on the mask rule before it was put in place, typically 30 days notice.
"You can imagine the next pandemic, there was an outbreak of measles or SARS and the CDC would want to and need to take swift action in order to control such a pandemic in the future," the attorney for the Justice Department noted."I think the important thing here is that the potential collateral estoppel effect of the district court's ruling could tie up future CDC actions.
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