She finds that the relevant statute does not empower the CDC to impose mask mandates for public transportation. The statue authorizes the CDC to:
“make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the [CDC] may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.”
Judge Mizelle, granting Summary Judgment, went to great efforts focusing on whether “sanitation” translates to the transportation corridor. In announcing their decision to appeal the ruling, the Department of Justice asserts that Congress did empower the CDC with the authority to impose such regulations in the “transportation” sphere. Let us await the briefings to be filed with the 11th Circuit.
Now to the point of my post. The plaintiffs— Health Freedom Defense Fund — are GOP funded freedom fighters who have filed numerous lawsuits fighting government overreaching and intrusion— namely pandemic related mandates. We can agree to disagree re the merits of their claim. A federal judge has obviously found their claim re mask mandates is meritorious to the point of granting summary judgment. But, the thrust of these lawsuits is aimed at deterring government overreaching upon our lives — a principle that conservatives seem to share.
Except when it comes to school curriculum and school libraries. And gag me with “it’s all about the welfare of our children” nonsense. The Florida legislation (and similar efforts elsewhere) are nothing more than orchestrated political dog whistles — aptly called out by the Michigan state senator and Notre Dame Alum.