Category: Testing Lawsuits

Lucas Wall, plaintiff in the lawsuit Wall v. CDC seeking to strike down the Federal Transportation Mask Mandate and International Traveler Testing Requirement, appeared on Ohio-based WWGH radio’s “Adam the Computer Guy” show this afternoon to talk about the federal government’s legal filing late last night asking a court to dismiss his case.

During today’s show, Wall and host Adam Lepp discussed the possibility President Biden could be impeached for constantly making statements that proposed policies are illegal and unconstitutional, but then ordering them anyway. Biden has done this with the Federal Transportation Mask Mandate and the Eviction Moratorium. Numerous federal courts have struck down the moratorium and the Conditional Sailing Order restricting cruiseships from resuming operations.

The U.S. Department of Justice filed just before midnight Monday an 88-page brief in Wall v. CDC arguing the Federal Transportation Mask Mandate and International Traveler Testing Requirement should be upheld because Congress authorized the Centers for Disease Control & Prevention 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 plus the U.S. Supreme Court in other pandemic cases.

“Congress prudently delegated broad authority to the CDC to take reasonable public-health measures to prevent the spread of communicable disease,” the Biden Administration wrote in its first brief responding to the first lawsuit in the nation challenging the two COVID-19 policies that have restricted travelers on all forms of public transportation nationwide since just after the president took office in late January. “That authority has never been more important than during this pandemic, and the measures at issue here – masking and testing – are conventional disease-prevention steps.”

Plaintiff Lucas Wall, 44, of Washington, D.C., asserts the government’s arguments trying to save the mask mandate and testing requirement iare feeble given the huge number of constitutional provisions, federal laws, and regulations these rules flout.

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:

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 July 2021:

I appeared this morning on Ohio-based WWGH radio’s “Mid-Morning Coffee Break” talk show to discuss my lawsuit against the Centers for Disease Control & Prevention, Transportation Security Administration, President Joseph Biden, and other governmental agencies for illegally and unconstitutionally enforcing a Federal Transportation Mask Mandate and International Traveler Testing Requirement.

I talked the case, Wall v. CDC, at length with host Adam Lepp, and we explored how a recent decision by the U.S. Court of Appeals for the 11th Circuit enjoining CDC’s onerous COVID-19 rules for cruiseships is a major victory toward also getting the mask mandate and testing requirement vacated by the judiciary.

Yesterday’s spectacular news from the U.S. Court of Appeals for the 11th Circuit enjoining the Centers for Disease Control & Prevention from enforcing its illegal Conditional Sailing Order – which imposes numerous onerous restrictions that have stopped most cruiseships from resuming operations – demonstrates the appellate courts are taking a dim view of CDC’s COVID-19 orders that are not authorized by Congress and violate the Constitution, federal laws, and regulations.

Combined with the Supreme Court’s decision last month signaling it would strike down any additional CDC Eviction Moratorium orders, this gives me great confidence the Federal Transportation Mask Mandate and International Traveler Testing Requirement will be the next CDC unlawful pandemic orders to be vacated by the judiciary.

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 June 2021: