By Breitbart. President Joe Biden’s “Mask Mandate” on federal airplanes is illegal, a federal judge ruled on Monday in a setback to Biden’s COVID-19 agenda.
One day after taking office, Biden issued Executive Order (EO) 13998, ordering the Centers for Disease Control and Prevention (CDC) to develop the Mask Mandate, and for various other federal agencies like the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) to implement the CDC’s decisions. EO 13998 also covered airports and other public transportation, such as buses.
CDC issued its initial order on January 29, 2021, pursuant to Biden’s EO. Among other things, it requires almost everyone ages two and up to wear masks in airports and on airplanes, with certain narrow exceptions such as between bites when they are eating.
Various legal challenges have been filed against the mandate. (Full disclosure: The author of this article is also one of the lawyers on one such lawsuit, FRC Action v. Biden, which Breitbart News reporter Katherine Hamilton has covered.) Most recently, almost two dozen states filed a lawsuit raising several statutory and constitutional objections to the Mask Mandate.
Monday’s ruling was on one of the earliest cases, filed in July 2021. The lawsuit alleged that the Mask Mandate violated the Administrative Procedure Act (APA) on three separate grounds: First, that issuing the order is beyond CDC’s statutory authority granted by Congress in 42 U.S.C. § 264a. Second, that the CDC’s action was really a rule (i.e., a regulation) rather than an order, and therefore had to go through a process of public notice and opportunity for public comment before taking effect. And third, that it violates the APA because it is “arbitrary and capricious,” meaning that it was not the result of reasoned decision making. (Read more from “Biden Airplane Mask Mandate Ruled Illegal” HERE)
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Liberals Aren’t Doing Well Since Biden’s Mask Mandate Got Struck Down
By Townhall. After a federal judge in Florida struck down the Biden administration’s mask mandate for most forms of travel including planes, trains, and public transit, liberal media figures did not take the news well.
While the decision was celebrated by many sane Americans and Republican leaders, Katie pointed out on Twitter that the double-standard employed by many liberals in the mainstream media.
Their outrage is especially confusing given the mandate was set to expire on May 3 after a 15-day extension by the Biden administration was announced last week. But that didn’t stop the Twitter storm from raging as the often-hypocritical members of the liberal media apparently ignore the fact that anyone is still free to wear a mask wherever and whenever they like, however silly they may look.
[Warning: tweet contains explicit language.]
(Read more from “Liberals Aren’t Doing Well Since Biden’s Mask Mandate Got Struck Down” HERE)
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