Judge voids transport mask mandate

A federal judge in Florida on Monday struck down the national mask mandate for people traveling on aircraft and other public transportation.

US District Judge Kathryn Kimball Mizelle wrote that the mask mandate was unlawful because it exceeded the statutory authority of the Centers for Disease Control and Prevention, or CDC.

Mizelle's ruling comes down in part to the definition of the word "sanitation" in the law.

She wrote that while the United States government argued for a broader definition of the word, including preventing disease, she uses a narrower definition "limited to cleaning measures".

"Wearing a mask cleans nothing," she wrote. "At most, it traps virus droplets. But it neither 'sanitizes' the person wearing the mask nor 'sanitizes' the conveyance".

Mizelle added that the CDC had also failed to follow the rule-making processes laid out in law and provide sufficient justification for its mandate.

Mizelle was appointed to the federal court in late 2020. Her confirmation in the days after the 2020 election was controversial. A majority of the American Bar Association's standing committee on the federal judiciary rated Mizelle as "not qualified" due to her lack of experience.

Mizelle, 35, was a former clerk for Supreme Court Justice Clarence Thomas and is among the youngest federal judges ever confirmed.

It is unclear how quickly the ruling will be enforced at airports or train stations across the country. The CDC declined to comment on the ruling, while the White House and the US Department of Health and Human Services didn't immediately respond to comment on the ruling. The Justice Department said it is reviewing the decision but declined further comment.

The mask mandate, originally announced in January 2021, had been set to expire on Monday. The CDC announced last week it was extended through May 3. The requirement applied to aircraft, trains and other forms of public transportation.

Fifth extension

CDC spokesperson Caitlin Shockey said last week that the agency "continues to monitor the spread of the Omicron variant of the coronavirus, especially the BA.2 subvariant that now makes up more than 85 percent of US cases". Given the increase week to week, and to better assess its effect "on severe disease, including hospitalizations and deaths, and healthcare system capacity, the CDC order will remain in place at this time". It was the fifth time the CDC has extended the mask mandate.

The extension came amid repeated calls from airlines and other travel industry officials to ease restrictions.

Last month, executives from 10 airlines wrote to US President Joe Biden urging him to end pandemic-related travel policies, including the mask mandate.

Monday's ruling can be appealed, but there could be confusion in the short term.

United Airlines told its employees on Monday that the mask mandate "remains in effect for both customers and employees, despite the decision by a federal judge on Monday that struck down the mandate".

The Association of Flight Attendants, which represents nearly 50,000 flight attendants, on Monday released a statement to acknowledge that it is unclear what the judge's decision means for travelers and urges "calm and consistency" at airports and on planes.