A federal judge in Florida ruled that the CDC's mask mandate in airports, transit hubs, and public transportation is not legal and ordered that it be struck down.
The judge for the Middle District of Florida wrote that the CDC had exceeded its legal powers by issuing a mandate to prevent the spread of the coronaviruses.
The Court concluded that the mask mandate exceeded the CDC's statutory authority and violated the procedures required for agency rulemaking under theAdministrative Procedure Act.
She found that the CDC failed to adequately explain its decisions in violation of administrative law, and that it wrongly invoked the good cause exception to do away with public notice and comment.
The system does not allow agencies to act illegally even in pursuit of desirable ends.
The order, which may be appealed, is expected to cause confusion at airports and on transportation.
The CDC extended its mask mandate last week because of the spread of the Omicron BA.2 variant in the US.
The Health Freedom Defense Fund and two Florida residents brought the first lawsuit in July of 2021.
The Department of Justice did not comment on the ruling. The White House and CDC did not respond to a request for comment.
When she became the youngest person to be appointed to the federal bench, she was 33. The American Bar Association advised that she was not qualified for the lifetime appointment. She is married to a man who was an associate counsel at the Trump White House and acting general counsel for the Department of Homeland Security.
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