Fauci is wrong. He exposed his ignorance of how American government works. This was not a ruling based on science. Judge Mizelle did not issue a public health order – she issued a legal order. And as much as Fauci may dislike it, Mizelle got it exactly right!
Fauci and TheExperts™ will not want to hear that her ruling is ironclad and will hold on appeal.
Public health policies made by government agencies are not merely scientific actions. They’re government actions. Government actions are subject to review by courts when they violate federal law.
Federal agencies are creatures of statute and are bound by law to operate within the law imposed by Congress. Agencies are not separate entities that may act as they wish. Their authority is limited to what Congress grants them. So the CDC is governed by Congress – not by any President – and certainly not by career bureaucrats like Fauci.
Judge Mizelle made that expressly clear in her ruling. Specifically, she addressed how the CDC and government officials violated the Administrative Procedures Act (APA) in issuing this mandate.
The issue was not whether masks work to prevent the spread of Covid-19. Nor is the issue whether it is wise policy to order millions of traveling Americans to strap a piece of cloth over their breathing and talking holes (except when chomping Biscoff cookies or chugging chardonnay.) The real issue was whether the CDC had legal authority to issue such an edict in the first place – and if so, did it issue the rule as prescribed by law. The answer to both questions is: no.