Supreme Court Ruling Shows Why Airline Mask Mandate Is Illegal

Despite the fact that a majority of justices think it illegal, the Supreme Court did not overturn CDC's eviction moratorium. The same 5 justices who believe that the CDC's authority to evict people also apply to federal transportation mask mandates.The CDC eviction order was approved 5-4.Brett Kavanaugh, who wrote that he upheld it only because it expires July 31st and the CDC doesn't say it will be extended, was the 5th vote.It is better to leave it alone, as it will help with the orderly end of your rental agreement.If it is extended again, however, it won't get 5 votes.The same legal defect that the eviction moratorium has is present in the CDC's orders which form the basis of the TSAs transportation mandate. Particularly,Like the eviction moratorium and the mask mandate, this power is not listed in any statute. It is also substantially different from a power that is mentioned in statute.Even if Congress intended to grant the CDC more powers than those mentioned in law, it would still be unconstitutional.The CDC relies upon 42 USC 264(a), which gives it the power to create and enforce regulations to prevent the spread, transmission or introduction of communicable disease from foreign countries into the States or their possessions or from one state or possession to another.This sounds a lot. It would seem very broad if they could do anything at all to stop transmission and spread. The statute does not specify what is required. It only gives examples of what might be required.Congress gives examples of what the CDC might do. Other measures may also be required, but they must be comparable in nature to the ones listed.Either the CDC's authority is limited, and it hasn't been granted power to require masks for planes, or the power granted is unconstitutional. The law does not support the CDC's actions in any way. The Supreme Court also agreed with this view in reviewing the CDC eviction prohibition.Before the government order was implemented, masking was required by airlines. They were stricter (no medical exemptions at United, American Southwest, JetBlue, or JetBlue) but more flexible (exemption with a medical consult at Delta and for children under 5 years old). Remember that a mask mandate was in place before the federal government intervened.There is enough vaccine in the U.S. to provide vaccinations for all ages 12 and older. This reduces spread and makes indoor environments safer than bars. Masks are not mandatory in bars, which can lead to illegalities. Federal regulations no longer make sense.