The Left is a despicable lot. They lost their minds when a federal judge from a US District Court in Florida threw out Joe Biden‘s mask mandate on traveling by airplane and public transit. The Centers for Disease Control and Prevention (CDC) has about as much authority to do a mask mandate as it had to do an eviction (rent) moratorium and we all know how that one ended up at the US Supreme Court.
By the way, did you know the federal judge is only 35-years-old, and that she was deemed “unqualified” by a bunch of lawyers who hated former President Donald Trump? They call themselves the Bar Association. A lot of columnists thought those two things were really important, one from the NY Times and even a legal writer for Slate, the uber-leftist online blog site.
Like this guy, the legal writer for Slate, Mark Joseph Stern.
Who should decide whether air passengers must wear masks: A federal agency staffed with experts accountable to the president, who is accountable to the people? Or a 35-year-old Trump judge in Tampa?
— Mark Joseph Stern (@mjs_DC) April 18, 2022
I don’t need to know how old Stern is to realize he doesn’t understand the limitations on government powers of the Constitution. Most leftists no longer even consider the Constitution when they make stupid arguments like that. It just doesn’t even come across their mind, even though some of them call themselves legal writers.
The problem, as I see it, is leftists seem to think that any COVID mitigation rule that may seem reasonable to the woke supremacy on Twitter must be legal. “Duh, sounds good to me. It must be legal.”
Judge Kathryn Kimball Mizelle wrote a 59-page document clarifying her decision on rejecting the mask mandate order and the nincompoops of the Left are mostly focusing on her age.
The judge was responding to a lawsuit that challenged the order that the CDC published back on February 3, 2021 in the Federal Register. Mizelle determined that the rule, that covered airplanes, airports and other public transportation systems, taxis and ride-sharing services (Uber, Lyft, etc), exceeded the CDC’s authority and that the order violated the Administrative Procedure Act. Put another way, the order violates the procedures that are required for agency rule making.
You have to give it to the radical operatives at the CDC. When the federal health agency, that has been dead wrong on almost everything concerning COVID since the very beginning, created its mask mandate, they did so under the 1944 Public Health Service Act. Among other things, the Act authorizes regulations to prevent the interstate spread of communicable illnesses. The law specifically lists “inspection, fumigation, disinfection, sanitation, pest extermination” and “destruction” of infected or contaminated “animals or articles” as well as “other measures” deemed “necessary.”
However, when the agency tried to use the same provision to argue for its eviction moratorium, the lawyers argued that the phrase “other measures” gave them the authority to do use any measure to control any disease that it deemed appropriate. That’s such a vague term it could mean almost anything, including covering a COVID patient with leeches.
The Supreme Court shot the argument down, which was a massive power grab attempt by the Biden administration, saying that the list of examples used in the Public Health Act “informs the grant of authority by illustrating the kinds of measures that could be necessary.”
The Florida federal judge reasoned that the CDC improperly invoked the “good cause” exception to the APA’s “notice and comment” requirement for new rules.
Mizelle also reasoned that the CDC’s mask mandate was “arbitrary and capricious” because the federal health agency “failed to adequately explain its reasoning.”
The legal writer for Slate asked, “Who should decide whether air passengers must wear masks: A federal agency staffed with experts accountable to the president, who is accountable to the people? Or a 35-year-old Trump judge in Tampa?”
I would prefer a federal agency that has the Constitutional authority to do a mask mandate. Congress never voted on a mask mandate bill, nor gave such authority to the CDC. Rules mean things, but leftists think that rules are mean things. They hate when that nasty Constitution gets in the way.
What the Twitter crybaby missed entirely is that the question wasn’t if it makes sense to force travelers to wear masks. The question was who gets to make that decision and what would be the legal authority to do so?
That question didn’t fall to the CDC, the NY Times, or the Slate legal writer posting on Twitter. That question went to a 35-year-old woman wearing a black robe name Judge Kathryn Kimball Mizelle, and she made the right call because under a Constitutional republic, because no one is above the law, including a federal agency, and the judicial system is there to make sure everyone, including the government, stays within the boundaries of their Constitutional powers. It doesn’t always happen that way, but it did in this case. Amen.