APRIL 18, 2022BYJOHN HINDERAKERat PowerLine:
FREE AT LAST!
As Scottnoted earlier, Federal Judge Kathryn Kimball Mizelle has ruled that the CDC’s Mask Mandate for airline and other travel is illegal. Her decision is embedded below.
Judge Mizelle relied on three independent grounds in invalidating the mandate. First, she found that it exceeded the statutory authority that Congress has delegated to CDC under the 1944 Public Health Services Act, 42 U.S.C. § 246(a). The Biden administration argued that the mandate is justified by a reference in that section to “sanitation” as an action that CDC can carry out. Judge Mizelle engaged in a close analysis of the text of the relevant provisions and of the meaning of the word “sanitation” in context to conclude that the mask requirement is not “sanitation” within the meaning of the statute. Her reasoning is, I think, persuasive.
Her second ground…
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