US judge throws out Biden mask mandate for planes and trains

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A federal judge in Florida has struck down the Biden administration's mask mandate for airplanes and other forms of public transit, calling it unlawful.

US District Judge Kathryn Kimball Mizelle said the national public health agency had exceeded its legal powers in issuing the mandate.

The US Centers for Disease Control and Prevention (CDC) last week extended the mandate until 3 May.

The court order could be appealed by the US Department of Justice.

Where are we with Biden's other Covid-19 mandates?

  • The Supreme Court in January blocked the White House from enforcing its sweeping vaccine-or-test rule for employees at large private companies
  • But the top court allowed a similar vaccine mandate to stand for medical facilities that take Medicare or Medicaid payments
  • The Biden administration's requirement that all federal employees be vaccinated against Covid-19 was upheld earlier in April by a federal appeals court.

The CDC and the White House did not immediately respond to a request for comment to Monday's ruling.

Last week, US Surgeon General Vivek Murthy said the mandate had been extended into May because of rising Covid-19 cases.

The lawsuit was first brought in July 2021 by the conservative group Health Freedom Defense Fund (HFDF) and two Florida residents who said wearing masks increased their anxiety and panic attacks.

The plaintiffs argued that the CDC mandate was "arbitrary and capricious" because it gave exemptions to certain groups - like children under two years of age - but not to others.

In her ruling, Judge Mizelle, who was appointed by former President Donald Trump, found that the CDC had improperly invoked what is known as the "good cause exception" allowing the agency to skip public notice and comment on the mandate.

"Because 'our system does not permit agencies to act unlawfully even in pursuit of desirable ends,'" Judge Mizelle wrote, invoking another case, "the Court declares unlawful and vacates the Mask Mandate."

It is so far unclear when the decision will be enforced, which could cause confusion at airports and other travel hubs.

Airlines have been lobbying against the mask mandate, arguing that air filters on modern planes provide a high level of protection against viral transmission.

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