The Biden Mask Mandate Goes Down

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This has been a rough few months for the Centers for Disease Control and Prevention’s Covid-19 orders. First its eviction moratorium went down last year. On Monday it lost again, as a federal judge blocked the agency’s mask mandate on airlines and other forms of public transportation (Health Freedom Defense Fund v. Biden).

Judge Kathryn Kimball Mizelle ruled that the CDC exceeded its statutory authority and never clearly explained its justification for the broad mask mandate, among other legal infirmities. It’s a strong opinion based in a careful reading of the Public Health Service Act of 1944, which was the basis for the CDC’s order.

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