This has been a tough few months for the Facilities for Illness Management and Prevention’s Covid-19 orders. First its eviction moratorium went down final yr. On Monday it misplaced once more, as a federal choose blocked the company’s masks mandate on airways and different types of public transportation (Well being Freedom Protection Fund v. Biden).
Decide Kathryn Kimball Mizelle dominated that the CDC exceeded its statutory authority and by no means clearly defined its justification for the broad masks mandate, amongst different authorized infirmities. It’s a robust opinion based mostly in a cautious studying of the Public Well being Service Act of 1944, which was the idea for the CDC’s order.
