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A Florida federal judge has nullified Joe Biden’s national mask mandate covering airports, airplanes and other public transportation on Monday, ruling that the Centers for Disease Control and Prevention (CDC) exceeded its authority in imposing the mandates in February 2021.
U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, declared the mask mandate unlawful and vacated the order to be sent back to the CDC “for further proceedings.”
“The Court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA [Administrative Procedure Act],” Mizelle wrote.
A federal judge in Florida has blocked Joe Biden’s mask mandate for travel, including a nationwide injunction. pic.twitter.com/S1qGvv8nGz
— MRCTV (@mrctv) April 18, 2022
“Accordingly, the Court vacates the Mandate and remands it to the CDC.”
The ruling is in response to a lawsuit filed in July 2021 by the Health Freedom Defense Fund, Ana Daza, and Sara Pope, who routinely traveled by airplane.
This comes as the Biden administration extended the national public transportation mask mandate by two weeks to May 3, when it was originally due to expire Monday, April 18.
As this is a developing story, it remains to be seen if airports and other major transportation hubs will adhere to the judge’s ruling or not, or if Biden’s Justice Department will file an appeal.
The Senate had voted 57-40 in a resolution brought forward by Sen. Rand Paul (R-Ky.) last month to repeal Biden’s mask mandate, but it was never sent to the Democrat-led House and Biden had threatened to veto it should it pass both chambers of Congress.
Read the judge’s ruling:
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