U.S. District Judge Kathryn Kimball Mizelle in Tampa, Florida, said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.
Consequently the judge has voided the national mask mandate covering airplanes and other public transportation as exceeding the authority of U.S. health officials in the coronavirus pandemic.
Thanks for bringing this to our attention. On a recent news show, an airline official extolled the virtues of their air cleansing system with clarification that this means that masks are not needed. let's see where this goes next.
ReplyDeleteIt is proven that masks do not protect against any virus. And once and for all, there is NO pandemic.
ReplyDeleteRight! And that guy Fauci is part of the conspiracy!
DeleteBTW, what would happen if one U.S. District Judge voided the mask mandate, and another U.S. District Judge with . presumably - the same power ruled the opposite?
ReplyDeletethat's not how courts work. This judge is in a Federal District court. That means it's part of a tiered system, and can be over ruled by a higher court in the system, but other courts of the same level aren't allowed to try that case, or one like it. Similar cases get this decision handed to them, as it presides as the ruling on the subject, and once a case is ruled on that precedence applies to the situation. It can be over ruled on an appeal to a higher court only if a higher court looks it over and agrees that there may be legal errors, but they don't usually find that, and tell the person appealing to shut up and deal with it.
DeleteDoes this mean that if a U.S. District Judge (in any state) for any reason had ruled in favor of the mask mandate - beating the Florida judge mentioned above to it - the mandate would stand, at least until a higher court ruled against the mask mandate?
Deletethe mandate means a govt order, almost a law, and the government does not get a legal advisor to make sure they know what they are doing is legal, and that is why the court system is constantly busy, making rulings with judgements, that the nonsense the politicians come up with to appease their campaign donors and political party leaders isn't legal according to the legal precedents, and constitutional rights.
DeleteSo, there is no judge saying that first of all, we make this thing - or mandate - legal.
The judges are involved because someone feels that the polticians are ramming something through that isn't legal, and has a case to make in court, so a judge can decide the matter.
That's my layman's understanding, but hey, I really suggest you get someone with a law degree to explain this stuff. I've never had to deal with anything but small claims court, I won both times