“Liberals are predictably up in arms!”

MN Prager Discussion Group



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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3 thoughts on ““Liberals are predictably up in arms!””

  1. You know what’s fascinating. On the day Mizelle ruled the mask mandate illegal on travel, I was SUPPOSED to leave on a three week cruise vacation through the Panama Canal. The reason I didn’t go? You have to STILL wear a mask outside your cabin, and of the four shore excursions we signed up for, three of them were cancelled by the cruise line because of COVID. SO happy to hear of the decision!

    Liked by 1 person

    1. We are going to Cancun in late October. Driving to Chicago and flying down non-stop. Hopefully stupid stuff doesn’t re-arrive before then. I was not looking forward to wearing a mask on the airline. My son and daughter in law went last December. Had to wear the masks on the airline, thankfully not at the resort.

      Liked by 1 person

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