Federal Judge tosses travel mask mandate

[Valletta]

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.
Federal Judge in Florida Voids US Mask Mandate for Planes, Other Travel

 

[Tanj]

I read somewhere American Airlines is maintaining its mask policy, I assume some airlines will lift theirs. Interesting to see if market forces affect their decision.

 

[muichimotsu]

Pretty sure we'd need more context beyond this circular assertion that it's wrong and thus they just will say it is thus vacated because of something that hasn't been substantiated beyond nitpicking of something I'm pretty sure the judge has no real understanding of the complexities of said decisions. And it's not like people can force others to STOP wearing masks, so that freedom has to go both ways instead of trying to shame one side based on condescension and insistence that a mask somehow restricts freedom (it doesn't, anymore than clothes restrict freedom)

And no one is forcing them to wear the masks via violence or even coercion, its' a free market on BOTH sides, a company cannot be forced to just comply to the whims of a vocal minority when they've made their policy clear and it's legally defensible to require it same as requiring shirts, shoes, etc, as long as it's under a neutral standard such as public health.

No one's claiming that a majority should be forced to comply to the whims of a monopolistic company's demands. If you don't want to wear it, then do your due diligence and learn who will let you be a rat licker and who actually cares about the welfare of their customers

 

[Original Happy Camper]

I read somewhere American Airlines is maintaining its mask policy, I assume some airlines will lift theirs. Interesting to see if market forces affect their decision.

TSA, United, Alaska, Delta, American Airlines Drop All Mask Requirements After Federal Judge Declares Biden’s Mandate Unlawful

TSA, United, Alaska, Delta, American Airlines Drop All Mask Requirements After Federal Judge Declares Biden's Mandate Unlawful

 

[ThatRobGuy]

With regards to transportation mask mandates, they made sense pre-vaccine.

If it's coming from a private entity (without government coercion), then there's nothing that can be done about that...much like there's nothing that could/should be done about a private store that decided to adopt a "no shirt, no service" policy.

But with regards to government-led (or government-encouraged) efforts with regards to covid policies on masks...from a policy perspective, we're done.

We have an effective vaccine, everyone has had more than enough time to decide whether or not they want to get it, there are no vaccine shortages in the US, so like I said ...from a policy perspective, we're done.

It's up to every individual how much risk they want to assume at this point.

If someone's worried about catching covid, go to walgreens and get a vaccine if you haven't already had one...if you're vaccinated and boosted, and still terrified of covid, then I would ask you to trust the vaccine and look at the data, you'll be fine.

 

[KCfromNC]

With regards to transportation mask mandates, they made sense pre-vaccine.

They also seemed to help post-vaccine as well, e.g. Airlines that dropped mask requirements are now suffering staff shortages due to COVID-19

 

[wing2000]

...because wearing a piece of cloth on one's face for a few weeks more is just too big of burden for some Americans to bear. Meanwhile, the citizens of Shanghai are literally locked in their homes. SMH.

 

[Hammster]

...because wearing a piece of cloth on one's face for a few weeks more is just too big of burden for some Americans to bear. Meanwhile, the citizens of Shanghai are literally locked in their homes. SMH.

Nobody is stopping anyone from wearing a mask.

 

[ThatRobGuy]

They also seemed to help post-vaccine as well, e.g. Airlines that dropped mask requirements are now suffering staff shortages due to COVID-19

Is it the masks that were helping, or was it due to the newer variants being more transmissible?

Plus, the rules were entirely inconsistent with what we know about mask types.

Unless airlines are mandating N95's, it's not accomplishing a whole lot.

Last time I flew, 99% of the people on the plane were just wearing cloth masks, and constantly pulling them up and down to take sips of drinks or eat snacks.

If I were that worried about Omicron, or didn't trust my vaccine+booster (or either of my prior infections...between my 3 Pfizer shots and 2 infections, I'm about as protected as one can get) I would just not get on an airplane.

 

[Original Happy Camper]

Is it the masks that were helping, or was it due to the newer variants being more transmissible?

Plus, the rules were entirely inconsistent with what we know about mask types.

Unless airlines are mandating N95's, it's not accomplishing a whole lot.

Last time I flew, 99% of the people on the plane were just wearing cloth masks, and constantly pulling them up and down to take sips of drinks or eat snacks.

If I were that worried about Omicron, or didn't trust my vaccine+booster (or either of my prior infections...between my 3 Pfizer shots and 2 infections, I'm about as protected as one can get) I would just not get on an airplane.

Mask mandates=control of the masses

 

[FreeinChrist]

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.
Federal Judge in Florida Voids US Mask Mandate for Planes, Other Travel

That judge had only been an associate lawyer in a firm, had no trial experience before getting a life time position thanks to the Republicans, and was deemed "not qualified" by the American Bar association before she was given the life time judgeship;

Judge who blocked masks once deemed ‘not qualified’

Federal judge Kathryn Kimball Mizelle struck down the CDC’s mask mandate for public transportation on Monday. According to the American Bar Association, she was “not qualified” for her position in 2020 when Pres. Donald Trump nominated her.

Following a peer review of her qualifications, the majority of the American Bar Association’s (ABA) standing committee had found Mizelle’s courtroom experience and accomplishments to be lacking. The ABA addressed its concerns in a letter to Sens. Lindsey Graham and Dianne Feinstein on Sept. 8, 2020.

More specifically, the ABA’s evaluation of Mizelle noted that she did not have the minimum recommended “12 years’ experience in the practice of law,” having begun her professional career in 2012. Fewer than 12 years of experience does not necessarily disqualify a nominee, the ABA noted, but Mizelle had also “not tried a case, civil or criminal, as lead or co-counsel” before her nomination, they wrote.
​

AND she did not hear oral arguments at all on the case, she just decided on her own and applied it nationally rather than the location where the two plaintiffs were from .

Talk about an activist judge.

The DOJ should step in as she could be setting up a bad precedent.

​

 

[Valletta]

That judge had only been an associate lawyer in a firm, had no trial experience before getting a life time position thanks to the Republicans, and was deemed "not qualified" by the American Bar association before she was given the life time judgeship;

Judge who blocked masks once deemed ‘not qualified’

Federal judge Kathryn Kimball Mizelle struck down the CDC’s mask mandate for public transportation on Monday. According to the American Bar Association, she was “not qualified” for her position in 2020 when Pres. Donald Trump nominated her.

Following a peer review of her qualifications, the majority of the American Bar Association’s (ABA) standing committee had found Mizelle’s courtroom experience and accomplishments to be lacking. The ABA addressed its concerns in a letter to Sens. Lindsey Graham and Dianne Feinstein on Sept. 8, 2020.

More specifically, the ABA’s evaluation of Mizelle noted that she did not have the minimum recommended “12 years’ experience in the practice of law,” having begun her professional career in 2012. Fewer than 12 years of experience does not necessarily disqualify a nominee, the ABA noted, but Mizelle had also “not tried a case, civil or criminal, as lead or co-counsel” before her nomination, they wrote.
​

AND she did not hear oral arguments at all on the case, she just decided on her own and applied it nationally rather than the location where the two plaintiffs were from .

Talk about an activist judge.

The DOJ should step in as she could be setting up a bad precedent.

​

It's true she did not have the typical 12 years they required to deem her qualified but they did complement here for her very keen intellect, strong work ethic and an impressive resume and integrity.
Although clerking for a Supreme Court Justice to me makes up for four years short of experience, the integrity is the most important factor. We want justices who will not follow the establishment but instead follow the U.S. Constitution. In this case she did not need four more years of experience, it was a matter of using her keen intellect.

 

[Original Happy Camper]

The DOJ should step in as she could be setting up a bad precedent.

they cannot




DOJ is part of the Executive branch they can appeal is all they can do

 

[KCfromNC]

Is it the masks that were helping, or was it due to the newer variants being more transmissible?

If you have evidence for newer, more transmissible variants showing up in the past few weeks, feel free to present it.

Plus, the rules were entirely inconsistent with what we know about mask types.

Unless airlines are mandating N95's, it's not accomplishing a whole lot.

The article seems to contradict your feelings on what should have happened.

If I were that worried about Omicron, or didn't trust my vaccine+booster (or either of my prior infections...between my 3 Pfizer shots and 2 infections, I'm about as protected as one can get) I would just not get on an airplane.

Your trust or lack of it really doesn't contradict what the article was reporting.

 

[KCfromNC]

Mask mandates=control of the masses

Just like mandates that people must wear pants. I mean, that's basically one step away from shipping people off to concentration camps.

 

[Hammster]

Just like mandates that people must wear pants. I mean, that's basically one step away from shipping people off to concentration camps.

We should be okay with God mandates.

 

[durangodawood]

The judge utterly ignored the language of the law in her ruling.

People who like this ruling, are they really happy with the precedent? Do they even know what the judge did?

 

[FreeinChrist]

they cannot




DOJ is part of the Executive branch they can appeal is all they can do

Yes, they can appeal the decision by a federal judge.

 

[FreeinChrist]

It's true she did not have the typical 12 years they required to deem her qualified but they did complement here for her very keen intellect, strong work ethic and an impressive resume and integrity.
Although clerking for a Supreme Court Justice to me makes up for four years short of experience, the integrity is the most important factor. We want justices who will not follow the establishment but instead follow the U.S. Constitution. In this case she did not need four more years of experience, it was a matter of using her keen intellect.

Lots of judges have keen intellects AND experience - and have the integrity to hear oral arguments.

 

[durangodawood]

Yes, they can appeal the decision by a federal judge.

Does DoJ do that? Or CDC?