No more masks on US planes as federal judge strikes down Biden mandate extension

Florida judge voids national mask mandate for public transportation.

A federal judge in Florida has struck down Joe Biden’s national mask mandate covering airplanes and airports, prompting the White House to announce the rule will not be enforced.

Kathryn Kimball Mizelle, a US district judge in Tampa, said the Centers for Disease Control and Prevention (CDC) improperly failed to justify its decision of extending the mandate and did not follow proper rule-making.

According to Mizelle, the mask requirement “violates the procedures required for agency rulemaking.”

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely because it would be impossible to end it for the limited group who objected to it in the lawsuit.

The judge, a nominee of former president Donald Trump, said: “A limited remedy would be no remedy at all.” She added that the courts had full authority to make a decision such as this – even if the goals of the CDC in fighting the virus were laudable.

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.

In light of the decision, the Transportation Security Administration, which runs security at airports, will not enforce directives “requiring mask use on public transportation and transportation hubs at this time,” an administration official said.

Airlines across the country welcomed the ruling by saying that masks for travellers will now be optional.

“While we are glad this means many of us get to see your smiling faces, we understand some might have mixed feelings,” an Alaska representative told the Associated Press.

“Please remember to be kind to one another and that wearing a mask while traveling is still an option.”

United Airlines said: “While this means that our employees are no longer required to wear a mask – and no longer have to enforce a mask requirement for most of the flying public – they will be able to wear masks if they choose to do so, as the CDC continues to strongly recommend wearing a mask on public transit.”

Biden administration lawyers argued that Congress provided broad authority to take reasonable public health measures to prevent the spread of disease. They said the mask mandate was a conventional sanitation measure within the CDC’s authority.

“This is obviously a disappointing decision. The CDC continues recommending wearing a mask on public transit,” White House press secretary Jen Psaki said during a briefing Monday.