June 2022 – Quest for 243

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 filed his opening arguments Monday night asking the U.S. Court of Appeals for the 11th Circuit to reverse a Florida federal judge’s April 29 decision declaring both rules legal.

Monday’s 115-page brief filed by Lucas Wall of Washington, D.C., tees up for review by the 11th Circuit conflicting decisions by judges in Florida regarding the bounds of CDC’s legal authority to issue worldwide COVID-19 restrictions. U.S. District Judge Kathryn Mizelle of Tampa vacated the mask mandate April 18, ruling CDC issued it without congressional authority, did not offer a chance for the public to comment, and did not reasonably explain its decisionmaking (known in the law as an “arbitrary and capricious” rule).

A group of 13 flyers from nine states and the District of Columbia who brought six lawsuits challenging the Transportation Security Administration’s legal authority to require that all public-transportation passengers don face masks filed a 45-page brief Thursday evening urging the Court of Appeals to enjoin the agency from ever reissuing the Federal Transportation Mask Mandate.

A federal judge April 18 vacated the Centers for Disease Control & Prevention’s mask mandate, declaring the agency issued it without authorization from Congress, failed to allow public comments, and did not reasonably explain the need for travelers to don face coverings. That decision does not apply to TSA, however, which issued its own mask requirements in support of the CDC order.

Quest for 243

Month: June 2022

Disabled Nomad Urges Court of Appeals to Block
Any Future Transportation Mask & Testing Orders

13 Travelers Ask Court of Appeals to Prohibit
TSA from Ever Reissuing Mask Requirement

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