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Federal Judge Strikes Down Biden Admin's Travel Mask Mandate

  
Via:  XXJefferson51  •  2 years ago  •  7 comments

By:   Spencer Briwn

Federal Judge Strikes Down Biden Admin's Travel Mask Mandate
A United States District Court judge in Florida vacated the nationwide travel mask mandate on Monday in a ruling that found the mask requirement for travel via mass transit, planes, and trains violated the Administrative Procedure Act (APA). The lengthy ruling explains how the Biden administration "improperly invoked the order and interpretive rule exceptions to notice and comment," "improperly invoked the good cause exception" to such rulemaking in a manner that "was not harmless error" and...

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We the People

Great news for we the people.  Court strikes down executive federal overreach.  Way over due decision.  


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Federal Judge Strikes Down Biden Admin's Travel Mask Mandate



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Source: AP Photo/Charlie Riedel

A United States District Court judge in Florida vacated the nationwide travel mask mandate on Monday in a ruling that found the mask requirement for travel via mass transit, planes, and trains violated the Administrative Procedure Act (APA). The lengthy ruling explains how the Biden administration "improperly invoked the order and interpretive rule exceptions to notice and comment," "improperly invoked the good cause exception" to such rulemaking in a manner that "was not harmless error" and how the mandate "is arbitrary and capricious because the CDC failed to adequately explain its reasoning."

In the ruling , United States District Judge Kathryn Kimball Mizelle — a Trump appointee — lays out a lengthy indictment of the Biden administration's rulemaking procedure and its conclusion: "the Mask Mandate exceeds the CDC's statutory authority and violates the APA."

"The Court recognizes the criticism about nationwide injunctive relief and admittedly shares some of the skepticism about it," the ruling states before explaining "the weight of authority and judicial practice instructs that vacatur is an appropriate remedy for an APA violation."

"The Mandate exceeded the CDC's statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions. Because 'our system does not permit agencies to act unlawfully even in pursuit of desirable ends'...the Court declares unlawful and vacates the Mask Mandate."

As a result of the ruling, the Mandate is remanded to the CDC "for further proceedings consistent with this order" and airlines, railways, rideshares, and other public transportation entities are — for now at least — no longer required to enforce the now-vacated mandate.

As Townhall reported in March, executives leading ten American passenger and cargo airlines signed a letter to President Biden saying "it is past time to eliminate COVID-era transportation policies" including the federal mask mandate and international predeparture testing requirement. 

"It makes no sense that people are still required to wear masks on airplanes, yet are allowed to congregate in crowded restaurants, schools and at sporting events without masks, despite none of these venues having the protective air filtration system that aircraft do," the industry leaders emphasized in their letter.


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XXJefferson51
Senior Guide
1  seeder  XXJefferson51    2 years ago
airlines, railways, rideshares, and other public transportation entities are — for now at least — no longer required to enforce the now-vacated mandate.

As Townhall reported in March, executives leading ten American passenger and cargo airlines signed a letter to President Biden saying "it is past time to eliminate COVID-era transportation policies" including the federal mask mandate and international predeparture testing requirement. 

"It makes no sense that people are still required to wear masks on airplanes, yet are allowed to congregate in crowded restaurants, schools and at sporting events without masks, despite none of these venues having the protective air filtration system that aircraft do,"
 
 
 
XXJefferson51
Senior Guide
1.1  seeder  XXJefferson51  replied to  XXJefferson51 @1    2 years ago

The irony is that the decision wouldn’t have come or been moot if the let’s go Brandon regime had not extended their stupid rules another three weeks just a few days ago.  

 
 
 
XXJefferson51
Senior Guide
2  seeder  XXJefferson51    2 years ago
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A.F. BrancoApril 18, 2022
0

Wheel of Misfortune

Unlike President Truman, The buck never stops with Biden as he’s ready to blame everyone but himself. Cartoon by @afbranco

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XXJefferson51
Senior Guide
2.1  seeder  XXJefferson51  replied to  XXJefferson51 @2    2 years ago

A big win for conservatives and civil libertarians.  A huge loss for the deep state and it’s political establishment.  Long live liberty, individual rights, and personal freedom.  Let’s celebrate! jrSmiley_24_smiley_image.gif🎊🎉👍

 
 
 
XXJefferson51
Senior Guide
3  seeder  XXJefferson51    2 years ago

How sweet it is!  Watching Psaki meltdown over it was truly priceless! 

 
 
 
Paula Bartholomew
Professor Participates
4  Paula Bartholomew    2 years ago

Oh please.  Just fucking get over yourselves.

 
 
 
XXJefferson51
Senior Guide
4.1  seeder  XXJefferson51  replied to  Paula Bartholomew @4    2 years ago

I can’t wait to watch the biden appeal get slapped down!  

 
 

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