August 8, 2021
Litigation of CDC COVID-19 Pandemic Orders
Page Updated Oct. 14, 2021
Spreadsheet Updated June 23, 2022
By LUCAS WALL
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.
Download a spreadsheet tracking these CDC lawsuits and other pandemic-restrictions cases in federal courts (updated 6-23-22)
Federal Transportation Mask Mandate
1A. Wall v. CDC, U.S. District Court for the Middle District of Florida, Case No. 6:21-cv-975: Wall’s Motion for Summary Judgment filed July 8. Government’s brief filed Aug. 9. Wall’s response brief filed Aug. 18. Government’s reply brief filed Sept. 17. Magistrate Judge Daniel Irick issued Oct. 7 a Report & Recommendation advising District Judge Paul Byron to force Plaintiff Lucas Wall to file an amended complaint. Wall will soon be challenging that R&R and asking for summary judgment striking down the FTMM.
This case also challenges the International Traveler Testing Requirement (see below). Read the complaint and view the docket as of Sept. 17. View detailed information about and media coverage of this case.
1B. Wall v. Southwest Airlines, U.S. District Court for the Middle District of Florida, Case No. 6:21-cv-1008: This is a companion case to Wall v. CDC (see above) alleging seven airlines (Southwest, Alaska, Allegiant, Delta, Frontier, JetBlue, and Spirit) illegally discriminate against passengers with medical conditions who can’t tolerate wearing masks.
Wall and 12 other plaintiffs filed an amended complaint Sept. 13. The airlines’ deadline to respond has not yet been set by the court. Read more about this lawsuit and download the 525 exhibits attached to the amended complaint. Download the docket as of Sept. 24.
2. Corbett v. TSA, U.S. Court of Appeals for the District of Columbia Circuit, Case No. 21-1074: This case challenges only the Transportation Security Administration’s three security directives and one emergency amendment enforcing CDC’s Federal Transportation Mask Mandate. Briefing completed July 1, 2021; oral argument canceled Oct. 5. Awaiting decision. Read Corbett’s briefs.
3. Health Freedom Defense Fund v. Biden, U.S. District Court for the Middle District of Florida, Case No. 8:21-cv-1693: Government’s answered the complaint Oct. 13. Read more about this lawsuit.
4. Mahwikizi v. CDC, U.S. District Court for the Northern District of Illinois, Case No. 1:21-cv-3467: Complaint filed June 28, 2021; government’s reply brief due Oct. 12. Read more about this lawsuit.
International Traveler Testing Requirement
1. Wall v. CDC, U.S. District Court for the Middle District of Florida, Case No. 6:21-cv-975: Case also involves the Federal Transportation Mask Mandate (see above for details).
Eviction Moratorium
The Centers for Disease Control & Prevention’s Eviction Moratorium was struck down by the U.S. Supreme Court.
1. Alabama Association of Realtors v. HHS, U.S. District Court for the District of Columbia, Case No. 20-cv-3377: Struck down May 5, 2021, by Judge Dabney Friedrich. Read her decision. But she then stayed her judgment to allow an appeal.
The government appealed to the U.S. Court of Appeals for the District of Columbia Circuit, Case No. 21-5093. The Court of Appeals declined to lift the stay, prompting plaintiffs to seeking an emergency order from the Supreme Court vacating it and putting the District Court’s judgment into immediate force. The court ruled 5-4 on June 29 that the stay could remain in effect until July 31, when CDC pledged the EM would end.
However, the Biden Administration extended it again Aug. 3 despite saying it would be illegal to do so. The case returned to the District Court on an Emergency Motion to Enforce the Supreme Court’s Decision filed Aug. 4. Judge Friedrich denied the motion Aug. 13. Plaintiffs filed an emergency motion with the D.C. Circuit Aug. 14 to vacate the stay. In a one-paragraph order, the appeals court denied the motion Aug. 20.
Later Aug. 20, the plaintiffs filed an emergency application (Case No. 21A23) with the Supreme Court to enforce the judgment of the District Court. The government filed an opposition Aug. 23 and the plaintiffs submited a reply brief Aug. 24. The Supreme Court ruled 6-3 on Aug. 26 that the moratorium is illegal, therefore it no longer is in effect.
2. Skyworks v. CDC, U.S. District Court for the Northern District of Ohio, Case No. 5:20-cv-2407: Struck down March 10, 2021, by Judge Philip Calabrese. Read his decision.
The government appealed to the U.S. Court of Appeals for the 6th Circuit, Case No. 21-3443. The plaintiffs cross-appealed on the issue of the judgment applying only to them, not nationwide to all landlords, Case No. 21-3563. The Court of Appeals consolidated the cases. After the Supreme Court’s decision, the parties voluntarily dismissed both appeals Sept. 21.
3. Terkel v. CDC, U.S. District Court for the Eastern District of Texas, Case No. 6:20-cv-564: Struck down Feb. 25, 2021, by Judge Campbell Barker. Read his decision.
The government appealed to the U.S. Court of Appeals for the 5th Circuit, Case No. 21-40137, which heard oral argument Oct. 6.
4. Tiger Lily v. HUD, U.S. District Court for the Western District of Tennessee, Case No. 2:20-cv-2692: Struck down March 15, 2021, by Judge Mark Norris. Read his decision.
The government appealed to the U.S. Court of Appeals for the 6th Circuit, Case No. 21-5256, which affirmed the District Court’s judgment in favor of the plaintiffs July 23. Read the opinion.
5. Brown v. HHS, U.S. District Court for the Northern District of Georgia, Case No. 1:20-cv-3702: Preliminary injunction denied Oct. 29, 2020.
Plaintiffs appealed to the U.S. Court of Appeals for the 11th Circuit, Case No. 20-14210, which voted 2-1 on July 14 to affirm the denial of a preliminary injunction because the landlords could not demonstrate irreparable harm. But the Court of Appeals signaled it would likely strike down the EM on the merits. Read the opinion. Plaintiffs filed a motion Aug. 13 to have all 11th Circuit judges rehear the case. The government filed a motion Sept. 7 asking the court to dismiss the appeal as moot given the Supreme Court’s decision.
6. Chambless Enterprises v. Walensky, U.S. District Court for the Western District of Louisiana, Case No. 3:20-cv-1455: Preliminary injunction denied Dec. 22, 2020.
Plaintiffs appealed to the U.S. Court of Appeals for the 5th Circuit, Case No. 21-30037. After the Supreme Court’s decision, the appeal was voluntarily dismissed Sept. 21.
7. Florida Association of Realtors v. CDC, U.S. District Court for the Middle District of Florida, Case No. 8:21-cv-1196: Read the complaint. After the Supreme Court’s decision, the case was voluntarily dismissed Sept. 24.
Conditional Sailing Order for Cruiseships
1. Florida v. Becerra, U.S. District Court for the Middle District of Florida, Case No. 8:21-cv-839: Florida and Texas are suing to block CDC’s onerous rules for cruiseships. Preliminary injunction issued June 18, 2021, by Judge Steven Merryday blocking CDC from enforcing the rules for all cruises that start in or stop in Florida. Read his opinion. Claims by Texas are pending.
The government appealed to the U.S. Court of Appeals for the 11th Circuit, Case No. 21-12243. After originally granting CDC’s motion to stay the injunction pending appeal on a 2-1 vote July 17, the Court of Appeals reversed itself July 23, voting 3-0 to allow the injunction to immediately take effect. CDC’s appeal brief was due Sept. 1, but the deadline has been extended to Nov. 30. The CSO is scheduled to terminate Nov. 1, likely making this appeal moot unless CDC attempts to extend the order.
Donate to our legal fund on GoFundMe: Help End Federal Transportation Mask Mandate
Join our Facebook group: Americans Against Mask Mandates
I drove a shuttle bus for airline crew, the pilots believe the masks are worthless even joked that uts like using a chainlinked fence to keep misquitoes out.
And the flight attendents would calk the owner of my company and complain if my nask wasn’t up over my nose.