Federal Mask Mandate Next to Terminate after Supreme Court Vacates Eviction Moratorium

Aug. 26, 2021

By LUCAS WALL

The Supreme Court’s 6-3 decision tonight ending the Centers for Disease Control & Prevention’s illegal Eviction Moratorium means the Federal Transportation Mask Mandate is almost certainly the next unlawful CDC pandemic order to be struck down by the judiciary as it’s based on the same law.

Justices ruled that CDC’s action to continue imposing an Eviction Moratorium was illegal because, among other reasons, Congress never authorized it. The same is true for the FTMM. Congress has never passed a law requiring anyone using public transportation to cover their face.

The court also held that the Public Health Service Act does not grant CDC the sweeping authority that it asserts. The same is true with the mask mandate. As the justices wrote, “Regulations under this authority have generally been limited to quarantining infected individuals and prohibiting the import or sale of animals known to transmit disease.” Forcing all users of public transportation to wear masks – including tens of millions such as myself who medically can’t tolerate having our breathing obstructed – likewise does not fall under the law’s authority for CDC to quarantine infected people or ban the sale of disease-carrying animals.

Tonight’s high-court decision makes me extremely optimistic I will prevail in the nation’s first lawsuit seeking to end the FTMM, which has been extended to Jan. 18. CDC has no legal authority to mandate American travelers wear masks, and I expect the district court to concur this fall. Briefing in Wall v. CDC will be completed Sept. 17 when the government files its final arguments.

There are four lawsuits in federal courts seeking to strike down the FTMM as an abuse of executive power. Given CDC’s defeats in every pandemic case so far dealing with its illegal Eviction Moratorium – now including at the Supreme Court — and onerous rules for resuming cruises, I am confident my challenge to the mask mandate will prevail. It will take court action to ensure Americans will no longer have to give up their right to breathe freely as a condition of utilizing any mode of public transportation.

President Biden said in September that the federal government has no constitutional authority to require face coverings. Yet just like with CDC’s Eviction Moratorium earlier this month, he did it anyway – and is now trying to defend his illegal orders in court. Biden’s constant actions in violation of his oath to preserve, protect, and defend the Constitution must be restrained by the judiciary.

Information about Wall v. CDC (U.S. District Court in Orlando, Florida):

The U.S. Department of Justice filed Aug. 9 an 88-page brief arguing the FTMM and International Traveler Testing Requirement should be upheld because Congress authorized CDC to adopt regulations that are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into United States or from one state to another – an argument already rejected by five federal courts and now the U.S. Supreme Court in other pandemic cases.

Plaintiff Lucas Wall, 44, of Washington, D.C., responded with a 47-page opposition brief Aug. 18. He asserts the government’s arguments trying to save the mask mandate and testing requirement issued by CDC and enforced by TSA are feeble given the huge number of constitutional provisions, federal laws, and regulations these rules ignore.

Join my Facebook group: Americans Against Mask Mandates

Donate to my legal fund on GoFundMe: Help End Federal Transportation Mask Mandate