The Biden administration is a complete failure and was just dealt another massive defeat.
On April 18, 2022, a federal judge ruled that the CDC transportation mask mandate is illegal and terminated the requirement.
US District Judge Kathryn Kimball Mizelle found that the CDC’s mandate “exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA.”
“The court agreed that the CDC overstepped its statutory authority when it ordered every person who enters a travel conveyance or travel hub to wear a mask,” Brant Hadaway, the attorney who initiated the lawsuit said.
The ruling was an embarrassing defeat for the President whose agenda has been determined to be “unlawful” time and time again.
However, the White House has now waded into deep waters.
The mandate is incredibly unpopular but after a day of taking a beating from their base, the Biden administration announced they are going to appeal the ruling.
But, there is a huge risk in the appeal as Biden adviser Andy Slavvitt pointed out.
After two years of recklessness the courts have put down these draconian mandates and Slavitt is worried that an appeal will strip the CDC of what little power it has left (that would be a shame wouldn’t it? ((Sarcasm)).
“While it’s highly tempting to appeal a very dubious ruling like this, there is a risk in doing so,” Slavitt said. “If they appeal and lose, the CDC could end up powerless to take some basic public health precautions in the event of a surge in cases in the fall or winter.”
Additionally, experts (real ones) like Peter Pitts, co-founder of the Center for Medicine in the Public Interest and former associate commissioner at the FDA believe appealing the ruling is a “huge mistake.”
Pitts told Bloomberg News that BA.2 has mild symptoms and all a mandatory mask mandate does is divide the public “exacerbating ‘mask PTSD’ for some and serves as a ‘virtue signal’” for others.
Biden fighting a losing battle, even members of his own party have voted to end the mandate. On the Senate floor, eight Democrats broke rank and voted with Republicans to end the transportation mask mandate.