Positioning

Department of Justice files mask mandate appeal – here’s what it means for travelers – The Points Guy

future-dyanmics

This post contains references to products from one or more of our advertisers. We may receive compensation when you click on links to those products. Terms apply to the offers listed on this page. For an explanation of our Advertising Policy, visit this page.
On May 31, the U.S. Department of Justice filed a formal appeal and brief with the 11th Circuit Court to overturn last month’s decision by a district court judge voiding the Centers for Disease Control and Prevention mask mandate on airlines and other public transportation. In the brief filed for the appeal, the Justice Department said, contrary to the district court’s ruling, that the ability to institute a mask mandate “falls easily within the CDC’s statutory authority.”
While this highly charged debate about mask-wearing, and the government’s authority to mandate it, continues to rage in public and in the court system, there are several important reasons why this particular court case will likely have little impact on your travel situation in the near future.
For more TPG news delivered each morning to your inbox, sign up for our daily newsletter.
On Tuesday, the Department of Justice filed a 48-page brief in support of its appeal to the 11th Circuit Court based in Atlanta. In the brief, the DOJ argued the CDC had the “statutory authority” to create and implement disease-controlling measures like a mask mandate. This authority has been long established, according to the DOJ, under U.S. legal code titles 8 and 42 (Public Health and Welfare), and the Public Health Service Act of 1944 to give the CDC authority to “prevent the introduction, transmission and spread of communicable diseases.”
Among the areas where the DOJ cites CDC authority to introduce a mask mandate is under the “sanitation” measures contained in Section 264(a) of the code. The original federal mask mandate from February 2021, in Executive Order 13998, used this legal basis to introduce the rule. The crux of the debate in the April 2022 court case was whether mask-wearing can be considered an area of “sanitation” in transportation and interstate commerce, and thus covered under the authority of the CDC.
Related: The European countries still requiring masks on flights despite the EU dropping rules
On April 18,  U.S. District Court Judge Kathryn Kimball Mizelle struck down the federal mask requirement for airlines and other modes of transport, saying “the mask mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking.” Airlines immediately stopped their requirements for mask-wearing (some of them midflight) to both the celebration and consternation of travelers.
Mizelle, a Trump-appointed judge, faced controversy in her Senate approval hearing as the American Bar Association testified she was not qualified for the federal court position because she did “not meet the requisite minimum standard of experience necessary to perform the responsibilities required by the high office of a federal trial judge,” having never “tried a case, civil or criminal as lead or co-counsel.” However, she had clerked for Supreme Court Justice Clarence Thomas and was a member of the Federalist Society and a devotee of conservative causes.
At the time of Mizelle’s ruling, White House press secretary Jen Psaki said, “Public health decisions shouldn’t be made by the courts. They should be made by public health experts.” The U.S. Department of Justice released a statement following the ruling: “The Department of Justice and the Centers for Disease Control disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health. The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given the CDC to protect public health. That is an important authority the Department will continue to work to preserve.”
Despite their protests against the ruling, the Department of Justice did not take any immediate steps to block it, and the Transportation Security Administration and airlines promptly stopped enforcing any mask-wearing.
Related: CDC asks Justice Department to appeal mask ruling 
Notably, as part of its appeal, the Justice Department has not filed for any type of emergency stay order against the decision which might put the previous ruling on hold and reintroduce a mask mandate. Even if the Justice Department wins its appeal, the decision likely will have little to no immediate impact on airline passengers. First, should the appeal be granted, the decision would likely be appealed again to the Supreme Court. The likelihood of circuit-level approval is probably low, given that the court is currently stacked with six Trump-appointed judges (out of the 11 judges currently serving).
However, if the appeal is granted and not overturned on further appeal, legal experts consider the Justice Department effort more of a positioning for the future legal authority to implement public health measures, rather than an immediate attempt to bring back the mask mandate for air travelers. In its statement, the DOJ emphasized it is the “authority” they will “continue to work to preserve,” rather than mask mandates per se.
So don’t expect TSA or the airlines to reinstate any sort of mask mandate in the near future, unless the COVID-19 situation radically changes for the worse. However, do expect the CDC and the DOJ to continue to campaign for the authority to introduce public health measures.
Related: How to navigate the recently dropped mask mandate while traveling
Featured photo by Hispanolistic/Getty Images.
Oops! Did you mean…
Welcome to The Points Guy!
Editorial Disclaimer: Opinions expressed here are the author’s alone, not those of any bank, credit card issuer, airlines or hotel chain, and have not been reviewed, approved or otherwise endorsed by any of these entities.
Disclaimer: The responses below are not provided or commissioned by the bank advertiser. Responses have not been reviewed, approved or otherwise endorsed by the bank advertiser. It is not the bank advertiser’s responsibility to ensure all posts and/or questions are answered.
Many of the credit card offers that appear on the website are from credit card companies from which ThePointsGuy.com receives compensation. This compensation may impact how and where products appear on this site (including, for example, the order in which they appear). This site does not include all credit card companies or all available credit card offers. Please view our advertising policy page for more information.
Editorial Note: Opinions expressed here are the author’s alone, not those of any bank, credit card issuer, airlines or hotel chain, and have not been reviewed, approved or otherwise endorsed by any of these entities.
Oops! Did you mean…
Welcome to The Points Guy!
The credit card offers that appear on the website are from credit card companies from which ThePointsGuy.com receives compensation. This compensation may impact how and where products appear on this site (including, for example, the order in which they appear). This site does not include all credit card companies or all available credit card offers. Please view our advertising policy page for more information.
Editorial Note: Opinions expressed here are the author’s alone, not those of any bank, credit card issuer, airlines or hotel chain, and have not been reviewed, approved or otherwise endorsed by any of these entities.

source

future-dyanmics

Related posts
Positioning

Dilweg Debuts New Brand Positioning that Highlights Company's Continued Commitment to Investors and Tenants - Yahoo Finance

<span class="legendSpanClass">The Real Estate Investment Firm Kicks off the Year…
Read more
Positioning

North American Specialty Laminations New Brand Positioning - PR Newswire

Searching for your content… In-Language News Contact Us 888-776-0942 from 8 AM – 10…
Read more
Positioning

Malibu Launches New Global Brand Positioning with 'Do Whatever Tastes Good' USA - English - USA - English - PR Newswire

Searching for your content… In-Language News Contact Us 888-776-0942 from 8 AM – 10…
Read more
Newsletter
Join THE PRO PEOPLE Family

Sign up for The Pro People Community's Daily Digest and get the best of Industry updates, tailored for you.

Leave a Reply

Your email address will not be published. Required fields are marked *