U.S. District Judge Kathryn Kimball Mizelle wrote in a summary filed today that the CDC has exceeded its authority and failed to follow proper rulemaking procedures in requiring passengers and employees to wear face coverings while in transit.
April 18, 2022
“The agencies are reviewing the decision and assessing potential next steps. In the meantime, today’s court decision means CDC’s public transportation masking order is not in effect at this time,” according to a Biden administration official. In a 59-page ruling, Mizelle argues that the mandate violates the Administrative Procedure Act, as the agency failed to prove its decision regarding implementing the mandate.“The court concludes that the mask mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA,” the judge wrote.
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