When U.S. District Judge Kathryn Kimball Mizelle tossed out the federal government's transportation mask mandate on Monday, she relied in part on her interpretation of the term 'sanitation':
Airline passengers, some not wearing face masks following the end of the federal mask mandate, sit during a American Airlines flight operated by SkyWest Airlines from Los Angeles International Airport to Denver, on Tuesday. tossed out the federal government's transportation mask mandate on Monday, she relied in part on her interpretation of the term"sanitation."that gave the federal government certain powers to respond to public health emergencies.
The administration argued that masks qualified as"sanitation" under the law, but Mizelle disagreed, opting for a much narrower definition of the term that would exclude measures like face coverings. Legal experts say her interpretation missed the mark. "Wearing a mask cleans nothing. At most, it traps virus droplets," Mizelle wrote."But it neither 'sanitizes' the person wearing the mask nor 'sanitizes' the conveyances."
"Sanitation was just the old way in public health parlance of taking traditional public health steps to prevent the spread of disease," she said., which came roughly two and a half decades before the passage of the Public Health Service Act. "If this particular type of opinion took on greater precedential value as it rises up through the court system, if that happens, it's big trouble for CDC down the road," said James Hodge, a law professor at Arizona State University.known as"agency deference" that compels judges to yield to the interpretation of federal agencies when a law's language is unclear.
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Who is Judge Kathryn Kimball Mizelle, the federal judge who blocked Biden's travel mask mandate?A little-known federal judge appointed by former President Donald Trump found herself in the national spotlight on Monday after striking down the Biden administration's public transportation mask mandate.
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What to know about Judge Kathryn Mizelle, who struck down the travel mask mandateWhile Mizelle has not been in her position for long, she's found herself at the center of controversy before: During her Senate confirmation process, the ABA said she was not qualified for the position as she had not been practicing law for long enough.
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What to know about Judge Kathryn Mizelle, who struck down the travel mask mandate - Alaska Public MediaMizelle was nominated by former President Donald Trump in 2020 at age 33. The American Bar Association said at the time she wasn't qualified because she hadn't been practicing law for long enough.
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Who is Kathryn Mizelle? Trump-appointed judge who struck down mask mandateThe American Bar Association previously wrote that she was 'not qualified' for her position.
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'Unlawful:' Judge Strikes Down Mask Mandate for Planes and TrainsThe ruling comes less than a week after the CDC extended the mask order.
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