The federal mask mandate for public transportation and transportation hubs was vacated Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa.
The mandate had recently been extended to May by the Centers for Disease Control and Prevention.A Biden administration official said Monday evening that the Transportation Security Administration would not enforce the mandate while federal agencies reviewed the decision and weighed next steps."CDC recommends that people continue to wear masks in indoor public transportation settings," the official said.
“The court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the [Administrative Procedure Act],” Mizelle, who was appointed by former President Donald Trump, wrote in her order. The judge also said that while the court accepts the CDC’s premise that wearing a mask will limit transmission of the coronavirus and thus limit the number of severe cases requiring hospitalization, “that finding by itself is not sufficient to establish good cause.”
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