The CDC’s Mask Mandate Is Dead and Won’t Be Back — Here’s Why


Federal Judge Kathryn Mizelle did what a federal judge is supposed to do—she reined in the CDC when it went too far. She struck down the mask mandate for mass transit. Most travelers rejoiced and said goodbye to masks, perhaps for good.

But not everyone was happy. The ruling sent COVID doomsdayers into panic mode. There was a flurry of claims that Mizelle made an improper decision because TheScience™ is not for the courts – or so they say. Doctor “TheScience™” Anthony Fauci himself was quick to condemn the ruling while exposing his legal ignorance at the same time.

“We are concerned…about courts getting involved in things that are unequivocally public health decisions…This is a CDC issue. It should not have been a court issue.”

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.

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