Month: August 2021

Four COVID-19 pandemic orders issued by the Centers for Disease Control & Prevention have been attacked as exceeding the agency’s constitutional and/or statutory authority and violating other provisions of the Constitution, federal laws, and regulations. Plaintiffs thus far have won five cases while CDC hasn’t notched a single victory on the merits (although it has been able to beat back motions for preliminary injunctions in two cases). There are six lawsuits with no judgments issued yet.

This post details these 13 cases with links to numerous court decisions and documents.

The federal government has a Monday deadline in Wall v. CDC to file – for the first time in any court – arguments as to why the Federal Transportation Mask Mandate and International Traveler Testing Requirement are not illegal and unconstitutional.

The U.S. Department of Justice will submit a brief tomorrow asking the U.S. District Court here to dismiss certain counts of Lucas Wall’s complaint asserting both Centers for Disease Control & Prevention mandates: 1) were hastily issued without the required notice-and-comment period shortly after Biden took office; 2) were not enacted into law by Congress; 3) exceed the Executive Branch’s statutory and constitutional authority; and 4) violate numerous U.S. Department of Transportation regulations prohibiting discrimination against passengers with disabilities such as Wall who can’t tolerate wearing a face covering. DOJ is expected to seek summary judgment against Wall on other counts and to also file the administrative record explaining how the two policies were promulgated.

I’m challenging the Federal Transportation Mask Mandate and International Traveler Testing Requirement in the U.S. District Court for the Middle District of Florida (Wall v. CDC). I’m also suing seven airlines for illegally discriminating against passengers with disabilities who can’t tolerate wearing face masks (Wall v. Southwest Airlines). Here’s media coverage of my two cases during August 2021: