A federal judge in Florida has voided Democrat President Joe Biden’s national mask mandate, which is in place at airports and covers travel on airplanes and other forms of public transportation.
“The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rule-making,” the Associated Press reported. “The CDC recently extended the mask mandate, which was set to expire on April 18, until May 3 to allow more time to study the BA.2 omicron subvariant of the coronavirus that is now responsible for the vast majority of cases in the U.S.”
Mizelle, who was appointed by former President Donald Trump, made the ruling in a case that was filed by the Health Freedom Defense Fund.
Mizelle ruled that 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.”
The ruling said that Court declared the mandate to be unlawful 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, remanding it to the CDC for further proceedings consistent with this order,” Mizelle ordered. “The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr., as a Defendant to this action, to ENTER final judgment in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”
Florida Governor Ron DeSantis (R) and Florida Attorney General Ashley Moody (R) announced at the end of March that the Florida was leading 20 states in a multistate lawsuit against the Biden administration’s mask mandate on public transportation.
“Florida has led the nation in standing up to misguided federal government policies and fighting back against heavy-handed mandates that have no scientific backing,” DeSantis said. “If politicians and celebrities can attend the Super Bowl unmasked, every U.S. citizen should have the right to fly unmasked. It is well past time to get rid of this unnecessary mandate and get back to normal life.”
States that joined Florida in its court filing included Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia.
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This report has been updated to include additional information.