Federal Judge Strikes Down CDC Mask Mandate
A federal judge in Florida has ruled that the CDC’s mask mandate in airports, transit hubs, and public transportation is unlawful and has ordered that it be struck down. The ruling was made by US District Court Judge Kathryn Kimball Mizelle for the Middle District of Florida
In a summary judgment, the judge wrote that the CDC exceeded its legal powers by issuing the mandate.
“The Court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the [Administrative Procedure Act],” Kimball Mizelle wrote in her ruling. “Accordingly, the Court vacates the Mandate and remands it to the CDC.”
The surprise order, which is likely to be appealed, is expected to create confusion at airports and on transport across the US.
The CDC had recently extended the order for two more weeks, through May 3. The agency says that it needs to monitor an uptick in cases from the BA.2 subvariant of omicron.