And just like that, the mask mandate is gone

[Mountain Man]

A federal judge ruled on Monday that the Biden administration had no Constitutional authority to require US citizens to wear a worthless mask.

One day after taking office, Biden issued Executive Order (EO) 13998, ordering the Centers for Disease Control and Prevention (CDC) to develop the Mask Mandate, and for various other federal agencies like the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) to implement the CDC’s decisions. EO 13998 also covered airports and other public transportation, such as buses.

CDC issued its initial order on January 29, 2021, pursuant to Biden’s EO. Among other things, it requires almost everyone ages two and up to wear masks in airports and on airplanes, with certain narrow exceptions such as between bites when they are eating.

[...]

Monday’s ruling was on one of the earliest cases, filed in July 2021. The lawsuit alleged that the Mask Mandate violated the Administrative Procedure Act (APA) on three separate grounds: First, that issuing the order is beyond CDC’s statutory authority granted by Congress in 42 U.S.C. § 264a. Second, that the CDC’s action was really a rule (i.e., a regulation) rather than an order, and therefore had to go through a process of public notice and opportunity for public comment before taking effect. And third, that it violates the APA because it is “arbitrary and capricious,” meaning that it was not the result of reasoned decisionmaking.

https://www.breitbart.com/politics/2...ndate-illegal/

Shortly after the ruling, the TSA announced it was not going to enforce its masking rules, and airlines across the board abandoned the idiotic policy to the cheers of passengers and employees.

https://theconservativetreehouse.com...mask-mandates/

Liberals, of course, are weeping and gnashing their teeth like they always do when people are allowed to exercise their God given freedom, but as far as the airlines are concerned, the mask mandate is finished.

And all it took was a single judge willing to enforce the law.

[rogue06]

And of course if anyone wants to wear a mask, then they are free to do so.

[Mountain Man]

One of arguments of the defense was that the reason they didn't bother with a public comment period was because they were going to enforce the mask mandate no matter what, so they didn't see the point of following the law.

Then they argued that the ruling should only apply to the two people who filed suit, and that the mandate should stay in effect for everybody else.

The judge, of course, didn't accept either argument.

The pushback from liberals has been predictable, saying, "But the judge is only 35-years old, she was appointed by President Trump, and the BAR Association says she is unqualified to be a judge!" What they haven't done is show that her ruling was unsound.

[NorrinRadd]

One of arguments of the defense was that the reason they didn't bother with a public comment period was because they were going to enforce the mask mandate no matter what, so they didn't see the point of following the law.

Then they argued that the ruling should only apply to the two people who filed suit, and that the mandate should stay in effect for everybody else.

The judge, of course, didn't accept either argument.

The pushback from liberals has been predictable, saying, "But the judge is only 35-years old, she was appointed by President Trump, and the BAR Association says she is unqualified to be a judge!" What they haven't done is show that her ruling was unsound.

There is also an argument typically used by *our* side in such situations: Why should a ruling by a *district* judge be able to apply nationwide? That argument is much weaker in a case like this, since it would be weird to say masking of passengers would be free or mandated depending on whose District's "airspace" they were flying through.

[rogue06]

There is also an argument typically used by *our* side in such situations: Why should a ruling by a *district* judge be able to apply nationwide? That argument is much weaker in a case like this, since it would be weird to say masking of passengers would be free or mandated depending on whose District's "airspace" they were flying through.

Yup.

*This is the captain speaking. We are now entering the airspace of a district which still requires masking so for the next hour, until after we leave their airspace, please put your masks on*

[Mountain Man]

There is also an argument typically used by *our* side in such situations: Why should a ruling by a *district* judge be able to apply nationwide?

I've never seen the merit of that argument because that's how court rulings work. It establishes precedent unless overturned by a higher court.

[Bill the Cat]

All I know is that I have to fly in 2 days and I am ecstatic!

[Juvenal]

And of course if anyone wants to wear a mask, then they are free to do so.

Telling folks they're free to cover their mouths when someone else sneezes is kinda missing the point.

[rogue06]

Telling folks they're free to cover their mouths when someone else sneezes is kinda missing the point.

Are you saying that its all about controlling others?

[alaskazimm]

Over on DU they are loosing their tiny minds. Many are posting something like "I'm wearing a mask anyway. The judge is not a doctor and can't order me not to wear a mask". Surprisingly there are a few voices of sanity there pointing out they can still wear masks if they want, but no one else is compelled to. And not unsurprisingly, they just can't comprehend that kind of logic.

[Mountain Man]

Telling folks they're free to cover their mouths when someone else sneezes is kinda missing the point.

Why should I be forced to cover my mouth on your behalf if I haven't sneezed?

Look, if you're still afraid of the China flu after all this time then go ahead and get your four Fauci recommended doses of the experimental vaccine and wear two masks, and you'll be fine. Right?

[whag]

A federal judge ruled on Monday that the Biden administration had no Constitutional authority to require US citizens to wear a worthless mask.

You really do go overboard with your language. If masks were ineffective, surgeons and lab workers wouldn't wear them. They aren't worthless.

One day after taking office, Biden issued Executive Order (EO) 13998, ordering the Centers for Disease Control and Prevention (CDC) to develop the Mask Mandate, and for various other federal agencies like the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) to implement the CDC’s decisions. EO 13998 also covered airports and other public transportation, such as buses.

CDC issued its initial order on January 29, 2021, pursuant to Biden’s EO. Among other things, it requires almost everyone ages two and up to wear masks in airports and on airplanes, with certain narrow exceptions such as between bites when they are eating.

[...]

Monday’s ruling was on one of the earliest cases, filed in July 2021. The lawsuit alleged that the Mask Mandate violated the Administrative Procedure Act (APA) on three separate grounds: First, that issuing the order is beyond CDC’s statutory authority granted by Congress in 42 U.S.C. § 264a. Second, that the CDC’s action was really a rule (i.e., a regulation) rather than an order, and therefore had to go through a process of public notice and opportunity for public comment before taking effect. And third, that it violates the APA because it is “arbitrary and capricious,” meaning that it was not the result of reasoned decisionmaking.

https://www.breitbart.com/politics/2...ndate-illegal/

Shortly after the ruling, the TSA announced it was not going to enforce its masking rules, and airlines across the board abandoned the idiotic policy to the cheers of passengers and employees.

https://theconservativetreehouse.com...mask-mandates/

Liberals, of course, are weeping and gnashing their teeth like they always do when people are allowed to exercise their God given freedom, but as far as the airlines are concerned, the mask mandate is finished.

And all it took was a single judge willing to enforce the law.

Not all liberals, just the ones you've seen. You'll find that most middle-of-the-road liberals who've been vaxxed but aren't activists in any sense of the word aren't going apoplectic about this. The working class is perfectly happy to not have one more responsibility in their dreary underpaid lives. Clearly, you are as out of touch with the underpaid working class as Bill O' Reilly.

[Starlight]

My heart goes out to all the people who will die because of this ruling, and all the families who will lose loved ones because of it.

[mossrose]

My heart goes out to all the people who will die because of this ruling, and all the families who will lose loved ones because of it.

I'm sure there will be many millions of those. Who are all free to wear masks if they wish to.

And stay home. Lock themselves into their houses until all the bad people who don't wear masks alone in their car have driven by.

And use as their examples politicians and celebrities who don't wear masks while insisting that everybody else around them wears them.

[Mountain Man]

You really do go overboard with your language. If masks were ineffective, surgeons and lab workers wouldn't wear them. They aren't worthless.

They are worthless if your intent is to stop viruses. This was proven years before the China flu was even a thing.

There is uncertainty about the effects of face masks. The low‐moderate certainty of the evidence means our confidence in the effect estimate is limited, and that the true effect may be different from the observed estimate of the effect. The pooled results of randomised trials did not show a clear reduction in respiratory viral infection with the use of medical/surgical masks during seasonal influenza. There were no clear differences between the use of medical/surgical masks compared with N95/P2 respirators in healthcare workers when used in routine care to reduce respiratory viral infection.

https://www.cochranelibrary.com/cdsr...6207.pub5/full

Not all liberals...

But certainly no conservatives.