This new ruling means Uber, airports and airlines will no longer enforce mask-wearing – and it’s exposed what may be the greatest scam in history based on the lowest form of scientific evidence. They are facts we’ve known since the beginning of modern medicine.
- April 18, 2022, U.S. District Judge Kathryn Kimball Mizelle voided the U.S. Centers for Disease Control and Prevention’s national mask mandate on airplanes and public transit. The lawsuit was brought by the Health Freedom Defense Fund
- The mandate was unlawful because the CDC did not have the statutory authority to issue such a rule. The implementation of it also violated administrative law
- As a result of the court ruling, American Airlines, Alaska Airlines, Delta, Frontier, Hawaiian Airlines, Southwest, Spirit, Jet Blue and United Airlines have announced they will no longer enforce mask wearing on their flights. The Transportation Security Administration (TSA) also will not require masks to be worn at airports
- Uber has also issued a statement saying masks will no longer be required to be worn by either drivers or passengers, as has Amtrak
- For all of modern medicine, it’s been known that surgical masks do not block viruses. Yet for some reason, long-standing knowledge and scientific evidence was completely ignored and science “rewritten” in the sense that authorities simply declared that masks would work
After more than two years of unscientific insanity, U.S. District Judge Kathryn Kimball Mizelle has finally voided, the U.S. Centers for Disease Control and Prevention’s national mask mandate on airplanes and public transit. The lawsuit was brought by the Health Freedom Defense Fund (HFDF), which noted that “There are legal guardrails in place to protect our basic liberties and rights — even during a pandemic.” And, indeed, this was the message of the court as well.
The CDC had initially issued a “strong recommendation” to wear masks on planes and public transportation in October 2020, and then turned it into an “order” at the end of January 2021. As noted by Leslie Manookian with the HFDF:
“When flight attendants announced — repeatedly on each flight — that compliance is required ‘by federal law,’ did you ever wonder: what federal law? I did. And it led us at the Health Freedom Defense Fund to file suit against the mandate in federal court. With assistance from our lawyers at the Davillier Law Group, we learned there is no “federal law” compelling masks for travel.
The CDC does not have the statutory authority to issue a sweeping mandate requiring masking. Nor does the agency have the authority to penalize Americans for non-compliance.
The Biden administration claimed its mask mandate was rooted in authority granted under the Public Health Service Act. However, a careful reading of that law shows Congress never intended to grant such sweeping powers. In fact, the law is limited and specific …”
The CDC had extended its mask requirement as recently as April 13, 2022, despite pressure from airlines, the hospitality industry and Republican lawmakers to end it. The mandate was scheduled to expire May 3, 2022, but was lifted, “effective immediately,” April 18, 2022, following the court’s verdict. As reported by NBC Chicago:
“The 59-page ruling from the Florida judge said the CDC failed to justify its decision and did not follow proper rulemaking procedures that left it fatally flawed.”
CDC Acted Unlawfully
In short, the mandate was unlawful because the CDC did not have the statutory authority to issue such a rule. The implementation of it also violated administrative law.
The fact that the CDC and White House have been doing what they know they cannot legally do says a lot about the state of our nation. Lawlessness reigns at the highest levels. As reported by CNN:
“The first part of the judge’s 59-page ruling turned on the meaning of the word ‘sanitation,’ as it functions in the 1944 statute that gives the federal government the authority — in its efforts to combat communicable diseases — to issue regulations concerning ‘sanitation.’
Mizelle concluded that that the use of the word in the statute was limited to ‘measures that clean something.’ ‘Wearing a mask cleans nothing,’ she wrote. ‘At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.’
She wrote that the mandate fell outside of the law because ‘the CDC required mask wearing as a measure to keep something clean — explaining that it limits the spread of COVID-19 through prevention, but never contending that it actively destroys or removes it.’
Mizelle suggested that the government’s implementation of the mandate — in which non-complying travelers are ‘forcibly removed from their airplane seats, denied board at the bus steps, and turned away at the train station doors; — was akin to ‘detention and quarantine,’ which are not contemplated in the section of the law in question …
‘As a result, the Mask Mandate is best understood not as sanitation, but as an exercise of the CDC’s power to conditionally release individuals to travel despite concerns that they may spread a communicable disease (and to detain or partially quarantine those who refuse),’ she wrote. ‘But the power to conditionally release and detain is ordinarily limited to individuals entering the United States from a foreign country.’
She added that the mandate also did not fit with a section of the law that would allow for detention of a traveler if he was, upon examination, found to infected.
‘The Mask Mandate complies with neither of these subsections,’ the judge said. ‘It applies to all travelers regardless of their origins or destinations and makes no attempt to sort based on their health.’
Mizelle added that, additionally, the administration violated the Administrative Procedure Act, which dictates the procedures the federal government must follow when implementing certain agency policies.
The Biden administration erred in failing to seek public notice and comment on the policy … She also ruled that the mandate violates that APA’s prohibitions on ‘arbitrary’ and ‘capricious’ agency actions because the CDC had failed to adequately explain its reasoning for implementing the policy …
Other lawsuits that have been filed targeting the mandate … have failed … Unlike … other cases where judges were weighing emergency or preliminary orders, Mizelle was considering the legality of the mandate on the merits.”
At CDC’s Request, White House Justice Department Is Appealing
Immediately following Mizelle’s ruling, the Justice Department stated it would appeal if the CDC determines that the mask order “remains necessary for the public’s health.” In response, the lead plaintiff, Health Freedom Defense Fund (HFDF), issued the following statement:
“DoJ’s statement is perplexing to say the least and sounds like it comes from health policy advocates not government lawyers. The ruling by the US District Court ruling is a matter of law, not CDC preference or an assessment of ‘current health conditions.’
If there is in fact a public health emergency with clear and irrefutable science supporting CDC’s mask mandate, does it not warrant urgent action? Why would DoJ and CDC not immediately appeal?
HFDF is left with no option but to conclude that the Mask Mandate is really a political matter and not at all about urgent public health issues or the demands of sound science. While DoJ and CDC play politics with Americans’ health and freedoms, HFDF trusts individual Americans to make their own health decisions.”
Unfortunately, the CDC doesn’t see it that way, as the DOJ announced late Wednesday, April 20, 2022, that the CDC had asked them to appeal, and that it had been filed in a Tampa, Florida, federal court. At the same time, the CDC issued a statement saying they’d done it to “protect their public health authority beyond the ongoing assessment”:
“It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health … CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”