At this juncture, it appears the Biden Administration recognizes that most Americans prefer choice over mandate.
But, air travel is a different thing. And of course, Judge Mizelle’s ruling may be appealed because the Government does not want the ruling to become precedent. The rule of law matters.
The ABA recommends that nominees for federal judgeships have at least 12 years of experience practicing law — whereas Judge Mizelle was nominated for her current position only eight years after passing the bar.
In a letter to the leaders of the Senate Judiciary Committee, the head of the ABA Standing Committee on the Federal Judiciary said that a majority of his group had deemed that Mizelle did "not meet the requisite minimum standard of experience necessary to perform the responsibilities required by the high office of a federal trial judge."
"Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel," the ABA said, She did, however, have four federal clerkships, spend 10 months at a law firm and "approximately three years in government practice," which the ABA said equates to five years of trial court experience.
I have not read her opinion. Perhaps her ruling is legally sound and will be affirmed. Or, perhaps her ruling is a partisan reach and indicative of a judge who does not understand her oath.