Federal Judge Overturns Biden Administration’s Transportation Mask Mandate

A federal judge in Florida overturned the Biden administration’s national transportation mask mandate on Monday, determining that the CDC overstepped its authority by requiring masks on planes, trains, buses, and other forms of public transportation.

The order handed down by U.S. District Judge Kathryn Kimball Mizelle holds that the CDC’s masking requirement violated the Administrative Procedure Act (APA) because it was implemented “without allowing public participation through the APA’s notice and comment procedures.”

Mizelle, who was appointed by former president Donald Trump in 2020, found that the mandate is full of contradictions and lacks specificity. For instance, it “did not differentiate between kinds of masks based on their efficacy at blocking transmission.” The rule did not discriminate between cloth masks or N-95 medical grade masks, including only a footnote directing readers to CDC guidance on “attributes of acceptable masks.”

The ruling comes days after the Biden administration again extended the transportation mask mandate for two weeks, marking the fifth time the mandate has been extended since it was initially enacted.