The Idiotsphere is having kitties of different shapes and sizes about U.S. District Judge Kathryn Kimball Mizelle kiboshing the plane mask mandate. Two things struck me as interesting about the reaction: First, they attacked the judge because a group of other lawyers found her not to be qualified for “reasons” (IMHO mostly because she was a Trump appointee), but not a peep has been said about the lack of legality, fault or if her decision was unconstitutional. Zip. Nada. Niente.
And the second thing? This.
White House press secretary Jen Psaki called it a “disappointing” decision and said the CDC was still reviewing the ruling while encouraging Americans to continue wearing masks while traveling. When pressed on whether travelers were currently required to wear masks, Psaki said they were waiting for guidance from the Departments of Justice and Homeland Security.
Federal judge strikes down mask mandate for planes (yahoo.com)
This is not a surprise the befell the administration out of nowhere. This is not a lawsuit that was brought last week, and the judge rushed to decide on it.
The suit was filed last July against President Biden, the CDC and various administration officials by a legal group known as Health Freedom Defense Fund and airline passengers, including Ana Daza, who said she has anxiety aggravated by wearing masks.
So, either the administration’s lawyers were a bunch of morons who did not prepare for an immediate appeal in case the decision went against them, or they clearly knew they did not have a legal stand at the end of the day and was better not to even bother. And when the administration officially says “we are reviewing the ruling” it probably means “we are going to put this crap in the back burner and hope you forget about it. Here, look at the squirrels!”
The people in the administration are probably happy they did not have to take down the ruling themselves. It is bad enough in the polls (and their pride) as it is than adding to admit they made a a huge legal mistake.
I dunno why they invoked the TSA, it was a CDC mandate.
They invoked the TSA because the CDC has almost zero authority to impose mandates on mass transit. However, the DOT, Homeland Security, and the TSA do. Want to be a commercial service airline operating in the USA? You must get an operations certification, which includes a requirement to obey any mandates by the TSA (of FAA).
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There is no equivalency from the CDC.
I understand how all that functions, but it was a CDC mandate which was ruled against by the judge, not a TSA mandate, so why would the TSA be the one to appeal the ruling? They weren’t one of the parties involved.
Latest news is that the Justice Dept. says they will appeal the ruling but only if the CDC tells them masks are required for safety. Sounds like some serious under-bus-throwing is in progress.
How on earth would this be a Justice Department issue? Talk about expanding powers!
Nothing made it more apparent to me that 99% of the pandemic precautions were bullshit than flying.
Nuts to butts in the airport.
Plane packed to capacity.
Scolded for leaving you mask down for too long to take a drink or eat when you are in a sealed metal tube with 200 people all breathing the same air for 2+ hours…. Yea the mask makes a difference there
Definitely poll driven.
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As you note, the lawyers are not worth their weight in leisure suits if they were not prepared to appeal immediately. This is an out for the admin.
They can pretend for the Branch Covidians that they are fighting it, while doing nothing. It is a win/win for them.
Apparently the Dems are busy using this decision for fund raising purposes. Chances are they like it that way: let it stand so they can agitate about it.
You can’t fund-raise against a boogeyman if there’s no boogeyman. At this point, the Left is better off leaving whatever remains of Trump’s legacy alone so they can continue to raise money to “fight” it.
But, But, But, COVID19 BA-2 is coming!
Real Soon Now!
Any Day Now!
Hundreds! Maybe Thousands!? MAY BE AFFECTED!!!
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Run for the hills!
Meanwhile in Red China we’re told that hardly anyone has died, even though they have Cheap China C*** vaccines and are locking down 400 million or so subjects.
I’m loving the meltdown on the left… And all the airlines are going ‘Thank Gnu! Finally!!!’
I just flew back from FL Tuesday, I did not wear a mask at the airport, even tho TSA signs said masks were required, they did not ask me to put one on while going through security and Southwest, did not require one while on the flight. Some people choose to wear them. even the stewards and pilots on the plane were mask-less.