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Month: May 2022

Testing Lawsuits

May 9, 2022

Grounded Globetrotter Asks Appeals Court to Enjoin CDC’s International Traveler Testing Requirement

A travel blogger who was the first person in the country to sue to stop the Centers for Disease Control & Prevention’s International Traveler Testing Requirement for airline passengers flying from foreign nations into the United States filed an emergency motion asking the U.S. Court of Appeals for the 11th Circuit to immediately halt the mandate so he can take a May 13 flight to see his brother in Germany, a trip that’s been postponed since June 2021 because of the testing rule and the now-vacated Federal Transportation Mask Mandate.

Lucas Wall of Washington, D.C., asks the appellate tribunal for a decision by May 12 on his request for a preliminary injunction against the ITTR pending appeal. A federal district judge in Orlando, Florida, held April 29 that the policy is legal, a decision that conflicts with numerous other court decisions striking down Biden Administration COVID-19 pandemic orders that weren’t authorized by Congress.

Mask Lawsuits, Testing Lawsuits

May 4, 2022

Globetrotter Appeals Decision Upholding CDC’s Transportation Mask & Testing Requirements

A travel blogger who was the first person in the country to sue to stop the Centers for Disease Control & Prevention’s Federal Transportation Mask Mandate and International Traveler Testing Requirement lodged an appeal today of an Orlando federal judge’s April 29 judgment declaring both rules legal.

Today’s appeal tees up for review by the U.S. Court of Appeals for the 11th Circuit conflicting decisions by judges in Orlando and Tampa regarding the bounds of CDC’s legal authority to issue worldwide COVID-19 and other public-health mandates. District Judge Kathryn Mizelle of Tampa vacated the mask mandate April 18, ruling CDC issued it without congressional authority, did not offer notice and a chance for the public to comment, and did not reasonably explain its decisionmaking (known in the law as an “arbitrary and capricious” rule). But 11 days later, District Judge Paul Byron of Orlando found in Wall’s case that CDC does have statutory authority to issue such broad-sweeping mandates and it had “good cause” to forego notice and comment because of the pandemic. Both judges sit in the Middle District of Florida.

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