Up until this ruling, the US Transportation Security Administration mandated masks when traveling. (Forbes)
Most mask mandates, such as in businesses and schools, have been lifted. Mask requirements on airplanes and other transportation had yet to be removed though. After an April 18 federal ruling from Florida that struck down the mask mandate for public transportation, major US airlines, and transportation companies have canceled their mask requirements.
US District Judge Kathryn Mizelle, who struck down the CDC mask mandate, stated in her written decision that “The Court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the APA. Accordingly, the Court vacates the Mandate and remands it to the CDC.”
Following this order, the White House explained that although the decision is being reviewed, the “CDC’s public transportation masking order is not in effect at this time.” White House press secretary Jen Psaki added, “This is obviously a disappointing decision,” and that, “The CDC is recommending wearing a mask on public transit.”
The dissolution of the mask mandate started with a lawsuit filed in 2021 by the Health Freedom Defense Fund and two Florida residents against President Biden. Mizelle believed that the plaintiffs proved that the mask mandate was unlawful and that the CDC had not justified the mandate. However, it would be nearly impossible for only the plaintiffs to not follow the mask mandate, so Mizelle lifted it entirely.
Since this ruling, all major US carriers and the Amtrak rail system have made wearing a mask optional for passengers and crew. However, New York City’s public transit system will keep the mask requirement in place. Additionally, members of the Association of Flight Attendants are divided on the issue, resulting in the union taking a neutral stance.
Despite videos shared on social media of cheering passengers, a poll from The Associated Press-NORC Center for Public Affairs Research shows that 56% of Americans favor a mask mandate on airplanes, trains, and buses. 24% oppose this mandate. The poll was conducted in mid-April in all 50 states.
However, these findings seem to contradict the belief of 73% of Americans, that says, “it’s time we accept that Covid is here to stay, and we just need to get on with our lives.” Furthermore, a minority of 44% of Americans often or always wear face masks outside their homes. This has decreased dramatically from the 65% who did at the beginning of the year.
The CDC has asked the Justice Department to proceed with an appeal on the rule. The mask requirement was set to expire May 3, only a couple of weeks after Mizelle’s ruling, so it is not clear what effect the appeal, if successful, would have on the actual mask mandate. However, the ruling seems to have undermined the federal government and the CDC’s authority on COVID-19. With cases increasing again due to the BA.2 variant, this could be a detrimental ruling.
