A Federal Judge Struck Down The CDC's Mask Mandate For Public Transportation

A federal judge in Florida has ruled that the CDC's mask mandate in airports, transit hubs, and public transportation is unlawful and has ordered that it be struck down.

US District Court Judge Kathryn Kimball Mizelle for the Middle District of Florida wrote in a summary judgment that the CDC had exceeded its legal powers by issuing the mandate in January 2021 to help prevent the spread of the coronavirus.

"The Court concludes that the Mask Mandate exceeds the CDC's statutory authority and violates the procedures required for agency rulemaking under the [Administrative Procedure Act]," Mizelle wrote in her ruling. "Accordingly, the Court vacates the Mandate and remands it to the CDC."

She determined that the CDC had improperly invoked what is known as the "good cause exception" to do away with public notice and comment on the mandate, and that it failed to adequately explain its decisions in violation of administrative law.