The Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA.
At 2 years into this the CDC had time to operate as a government of, by and for the people – and to solicit public input as required for most regulatory functions.
The Courts have ruled against public health Directives dozens of times. Many public health experts were unaware that laws and U.S. and state Constitutions apply to them.
Update April 22: Dr Fauci says Courts should not have jurisdiction over public health experts regulatory actions:
Dr. Anthony Fauci took major heat after lamenting on Thursday that it was “disturbing” that a federal court would rule against the CDC’s COVID-19 travel mask mandate, adding his opinion that “This is not a judicial matter.”Fauci crushed for saying it’s ‘disturbing’ that a U.S. court can overrule the CDC (msn.com)
Watch the video:
Fauci, like many in public health, view themselves as a technocratic elite autocracy that should operate without regard to the law or the Federal and state Constitutions. This was the concept behind the USSR’s communism form of government – all major decisions were made by technocratic elite. There is little distinction between the public health mindset and Soviet rule by technocrats.
…. it’s a “bad precedent when decisions about public health issues are made by people, be they judges or what have you, that don’t have experience or expertise in public health.”
Literally, the CDC, he says, has sole and unchecked power to declare a public health emergency, sole and unchecked power to issue any rules or regulations it wants without public input, and the CDC, alone, has sole power to declare the emergency over. What could possibly go wrong?
Fauci has disqualified himself from government service. To see why, read this WSJ editorial board column.
Indeed, the White House is now walking back Fauci’s comments. Humorously, the mask mandate was rescinded on legal issues, after “cases” rose by 50%. The question then, is, will the rate of change stay the same, increase or decrease after the mandate was rescinded? Even though cases were rising before the Court ruling, watching for technocratic experts to blame the rise on the Court’s Order!
“As a result, the Mask Mandate is best understood not as sanitation, but as an exercise of the CDC’s power to conditionally release individuals to travel despite concerns that they may spread a communicable disease (and to detain or partially quarantine those who refuse),” she wrote. “But the power to conditionally release and detain is ordinarily limited to individuals entering the United States from a foreign country.”
At the beginning of the pandemic, the CDC had authorization to isolate those who were ill, and to quarantine those who had come in close contact with a sick person – specifically in regard to entering the U.S. from elsewhere. But states went beyond that and ordered lockdowns of the healthy. Public health “experts” repeatedly exceeded their statutory authority, as illustrated by Court rulings against them in dozens of cases. The CDC has now lost Court rulings over the CDC’s ban on evictions, the CDC’s shutting down the cruise industry, and now, the CDC’s transportation mask mandate.
The White House is disappointed that the law must be followed:
“This is obviously a disappointing decision,” White House press secretary Jen Psaki told reporters. “The CDC is recommending wearing a mask on public transit.”
In the aftermath, most airlines are dropping mask requirements. TSA says they will no longer enforce a mask requirement. Some airports have announced they are discontinuing mask requirements while others retain the mandate.
Portland’s Tri-Met bus and rail service says it will require wearing of close facial coverings because, they falsely claim, the TSA requires it. Seattle says masks remain mandated on buses (County rules) but not on ferry boats (State rules); that makes consistent sense. Some airports are mandating masks but you can remove them once you board your aircraft and are sitting closer together.
“We’ve said from the start that our response should be guided by the science and data and by experts,” Psaki said, adding: “Public health decisions shouldn’t be made by the courts; they should be made by public health experts.”End of federal transportation mask mandate greeted with confusion, relief (msn.com)
In other words, public health should be “Guided by Science and Data and by expertstm” and is exempt from laws and Constitutions. Psaki doesn’t get the problem here – public health does not have unlimited power to suspend the laws and Constitutions of the US and its states.
A simple illustration of how cloth masks – or public use of n95 masks – accomplished little or nothing. Cloth facial coverings became an emblem of a religious belief system wrapped in political ideology. They did not need to work to stop Covid-19 – that wasn’t the point – they were a signal of your religious and political beliefs.
“Experts dismayed”. The Twitter Doc Army is dismayed that public health must adhere to laws and the Constitutions of the Federal and state governments.
I suspect that as “cases” rise, there will be noise about mandating cloth facial coverings again, and with exactly the same outcome – cases will continue to rise in spite of masks. The data has been clear that cloth facial “mask” usage by the general public had little discernible effect on the spread of Covid-19. This occurred because of the use of ineffective mask materials and designs, the improper storage, handling and use of masks, and proper masks are not worn properly 24 x 7. A majority of the US population has now had Covid-19, while being vaccinated and wearing masks.
The Twitter Media Army attacked not the legal issues in the Court’s Order, but the young, inexperienced female judge appointed by the Trump administration. Seriously: Trump-Appointed Federal Judge Voids Mask Mandate on Planes – Rolling Stone. The ABA automatically, by default, rates a Judge with less than 12 years’ experience as unqualified, hence, this young judge gets pilloried by the media.
There is no mention of the legal issues in that “news story” from Rolling Stone. That is a hit piece on the Judge. They wonder why the public has zero confidence or trust in journalism?
The media morons are having quite a moment:
- An unqualified judge lifted the travel mask mandate. Local authorities must intervene. (Identified as “opinion” at fake news service MSNBC – news and opinion are freely intermixed in web news)
- CDC Mask Rules Junked by Judge Kathryn Kimball Mizelle in Florida,Trump’s Worst Judge (thedailybeast.com politics web site)
- Opinion: Why mask decision is particularly disastrous (msn.com)
This is reminiscent of the lawyer’s strategy:
- If the facts are on your side, argue the facts
- If the facts are not on your side, then argue the law
- If neither the facts nor the law is on your side, then attack the credibility of the witness
In how many other Court ruling examples does the media focus on the Judge, rather than the legal issues addressed in the ruling?
The primary goal of the media is to keep viewers and readers in a heightened emotional state. Research has shown that persons in a heightened emotional state are more susceptible to advertising messages. Seriously. This is why media long ago gave up on the “Who, What, Why, Where, When” approach and instead provides ample quantity of scary news and opinion. This is intentional. Today, they can count every “click” on an article and know precisely what engages more eyeballs for advertisers.
Related: Many European airlines ended mask mandates many weeks ago. Undoubtedly this was because of a ruling by a Trump appointed Judge or something. Actually, it illustrates the lack of Sciencetm involved, and the inability of media morons to note the inconsistency in their arguments. It’s idiots all around, from public health quacks to politicians to media morons.
10 days ago, I spent a full day, inside, at a crowded “comic con” event in a state not having an indoor mask mandate. Almost no one wore a cloth facial covering. 10 days later I am well, cases have declined by 11% from 5.5 to 4.9 per 100,000 population in the county where it was held, and cases statewide remain very low. Once again, a superspreader event that wasn’t!
Related: Gottlieb says you can still wear an N95 mask if you want to, and these actually work (I agree). I’m so old, I remember when Dr. Fauci said to wear any random bit of cloth over your face to stop the spread of Covid-19. We now know that did not work – but there is evidence (both pre- and post-pandemic) that use of certified N95 masks can be effective when used, handled and replaced, properly. But few people were ever using N95 masks – they were mostly using uncertified cloth facial coverings, or surgical masks which are designed to prevent spit from a surgeon from falling on to a patient, or blood spatters from a patient, hitting the doctor or staff. They are not designed to stop a respiratory virus and published studies found they had little effectiveness. As of April 2022, the CDC still includes random bits of cloth facial coverings on its mask recommendations but notes that N95s would be the best option. The well-publicized Bangladesh study found cloth masks had no effect on disease spread and Surgical masks just barely had an effect. Surgical masks are for those who feel lucky:
One European study published in December 2021 found that the risk of infection reached 90% when a person wearing a surgical mask had been talking for 30 minutes with a person who was infected and not wearing a mask. When the person who wasn’t infected wore a filtering facepiece mask, which is essentially the European equivalent of an N95 mask, the risk of infection was 20% after an hour of speaking.Mask protects you from COVID if no one else is wearing one | kgw.com
Note – that study was based on a modeling exercise, not actual measures of disease in real people, using or mis-using actual masks.
Canada to maintain transport mask mandate “Because Sciencetm“
President Biden will appeal the Court ruling against the CDC’s authority to mandate cloth facial coverings if the CDC wants it to. This White House statement caught the CDC by surprise. Some of the experts, however, think an appeal would not succeed – in other words, the CDC really does have to comply with the law.
This does not appear to be a wise political move – literally, incumbents in Congress will be running for re-election, 2 1/2 years after 15-days-to-flatten the curve was shown to be a lie – and now, forcing everyone to continue wearing useless cloth facial coverings for eternity. I think a lot of people will consider this when casting their votes.
One day later, the DoJ says they are filing an appeal. The proper solution is for the CDC to act as a lawful regulatory agency and solicit public input. But rather than do the obvious, the DoJ will file suit to continue to allow the CDC to operate as a technocratic autocracy (more like a technocratic theocracy now days).
Unfortunately, there are those in public health and government who would like to see enforced cloth facial covering for the rest of eternity (seriously) on the false belief that wearing masks resulted in the end of the pandemic (it didn’t).
Because some are immunocompromised, should all of humanity be mandated to wear face masks for the rest of eternity?
As above, there is little evidence from real world data (excluding models) that cloth facial coverings have had any meaningful impact on reducing Covid-19.
There is existing evidence this is not a sustainable mitigation.
A better approach is for those that feel they need extra protection is for them to wear an N95 mask, properly fitted, properly replaced at intervals, and for proper protocols to be used. For example, after replacing the mask, thoroughly wash or sterilize your hands (the surface of the mask may be contaminated and that would spread to your hands). Additionally, to be effective, masks need to be worn for far longer periods including at home around other people who have come and gone during the day.
Even in spite of all these mitigations, social media is filled with posts from people who “did everything right” – vaccination, boosters, N95 masks, stayed at home as much as possible – and still got Covid-19. The reality is, everyone is likely to have Covid-19 – a pandemic ends ONLY through immunity, either via vaccine or acquired from having been sick, or both.