{"id":1808808,"date":"2023-01-17T17:05:03","date_gmt":"2023-01-17T22:05:03","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1808808"},"modified":"2023-01-17T17:06:36","modified_gmt":"2023-01-17T22:06:36","slug":"biden-admin-urges-judges-to-lift-stay-on-cdcs-airplane-mask-mandate","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-admin-urges-judges-to-lift-stay-on-cdcs-airplane-mask-mandate\/","title":{"rendered":"Biden Admin Urges Judges to Lift Stay on CDC\u2019s Airplane Mask Mandate"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">24<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fbiden-admin-urges-judges-to-lift-stay-on-cdcs-airplane-mask-mandate%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1808808&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47-->\n<p>President Joe Biden\u2019s administration in a court hearing on Jan. 17 urged judges on a federal appeals court to overturn <a href=\"https:\/\/www.theepochtimes.com\/federal-judge-strikes-down-cdc-mask-mandate-for-planes-travel_4411370.html\">a ruling<\/a> from a lower court that struck down the administration\u2019s airplane mask mandate.<\/p>\n<p>The U.S. <a href=\"https:\/\/www.theepochtimes.com\/t-centers-for-disease-control-and-prevention\">Centers for Disease Control and Prevention<\/a> (CDC) \u201cgood cause\u201d to impose the mandate and bypass the notice- and comment period required by the\u00a0Administrative Procedure Act (APA), Brian Springer, an attorney for the government, told judges of the U.S. Court of Appeals for the 11th Circuit.<\/p>\n<p>The mandate was implemented in 2021. \u201cthere were variants that had just been detected that showed signs of increased transmissibility, and people were starting to travel again,\u201d Springer said. \u201cIn those circumstances, the CDC had good cause to issue this order, particularly when the CDC detailed the reasons why in this particular environment, namely in the transportation sector and in transportation settings, COVID had a specific tendency to spread among people who are traveling together because they\u2019re standing together in lines and sitting together on conveyances.\u201d<\/p>\n<p>One judge expressed doubt about the line of thinking and accused CDC of issuing \u201cboilerplate\u201d language used to impose the mandate in place of a comment period and notice. Under a ruling in a separate case, boilerplate statements that COVID-19 exists and that there\u2019s a public emergency aren\u2019t sufficient to satisfy the \u201cgood cause\u201d APAException Springer disagreed, saying the CDC\u2019s statement provided rationale that met the standard.<\/p>\n<p>Kathryn Kimball Mizelle (U.S. District Judge) was a Trump appointee. <a href=\"https:\/\/www.theepochtimes.com\/federal-judge-strikes-down-cdc-mask-mandate-for-planes-travel_4411370.html\">her 2022 ruling<\/a> The CDC violated the APA when it only issued one conclusory paragraph to support the waiver of notice requirements.<\/p>\n<p>She stated that approximately a year had passed from the start of the pandemic. COVID-19 incidences in America were declining.<\/p>\n<p>Brent Hardaway, arguing for\u00a0Health Freedom Defense Fund, which brought the case, said that the mandate was \u201cvery strange\u201d Given the fact that mandates were already in place for many airports, as well as the decrease in cases.<\/p>\n<h2>Is the CDC authorized to mandate masks?<\/h2>\n<p>Another portion of the hearing was devoted to arguments regarding whether or not the CDC has the authority and power to require masks.<\/p>\n<p>The U.S. Code gives the federal government the authority to enforce regulations deemed as \u201cnecessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession.\u201d<\/p>\n<p>To enforce these measures, the government \u201cmay provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary,\u201d The statute states.<\/p>\n<p>In <a href=\"https:\/\/www.theepochtimes.com\/supreme-court-blocks-cdcs-eviction-moratorium_3967577.html\">striking down<\/a> the CDC\u2019s moratorium on evictions, the Supreme Court found that the agency overstepped the authority outlined in the law. However, the court stated that the law gave the CDC the power to impose measures. \u201cdirectly relate to preventing the interstate spread of disease by identifying, isolating, and destroying the disease itself.\u201d<\/p>\n<p>The decision \u201crecognized that conventional measures to identify, isolate and destroy communicable diseases fall within the statute,\u201d Springer said. \u201cThe CDC\u2019s mask order was a very modest way to, and a traditional way to, prevent this interstate spread of disease that falls directly within the heartland of what the Supreme Court told us that this statute covers.\u201d<\/p>\n<p>Springer asked the court to narrow the district court\u2019s decision from applying to all travelers to just the five individuals that brought the case. If the court grants permission, the mask mandate would be reinstated for nearly all Americans traveling in airplanes, planes, or other transport settings.<\/p>\n<p>Mizelle has ruled that mask mandates don\u2019t fall under sanitation and that the \u201cother measures\u201d Based on the history of the law, and court rulings, the limitations were minimal.<\/p>\n<p>\u201cThe mask mandate is best understood not as sanitation, but as an exercise of the CDC\u2019s power to conditionally release individuals to travel despite concerns that they may spread a communicable disease (and to detain or partially quarantine those who refuse). But the power to conditionally release and detain is ordinarily limited to individuals entering the United States from a foreign country,\u201d Mizelle wrote, noting that a part of the law only allows for the detention of a person traveling between the states if that person\u00a0is \u201creasonably believed to be infected\u201d And it is found \u201cupon examination\u201d To be infected.<\/p>\n<p>Judge ruled that the CDC had exceeded its authority by issuing the mandate.<\/p>\n<p>Hardaway testified in court Tuesday that the law did not allow the CDC to impose mask mandates. However, one judge questioned whether this was true.<\/p>\n<p>\u201cIt just seems strange to me that an agency like the Center for Disease Control doesn\u2019t have the authority to require travelers to wear a mask when they travel as a way to prevent the spread of communicable disease in the context of a global pandemic,\u201d The judge agreed. \u201cIf they don\u2019t have that authority, what authority do they have?\u201d<\/p>\n<p>Hardaway stated that the eviction decision showed why it was not unusual and asked the judges to examine the law which was used by the government for various measures.<\/p>\n<p>\u201cTheir reading of sanitation is basically any measure that may promote sanitation,\u201d He said. \u201cIt\u2019s basically going to have the same kind of sweeping implications of the rule that the Supreme Court rejected.\u201d<\/p>\n<div class=\"author_wrapper\">\n<div class=\"one_author_block round\">\n<div class=\"top_row\">\n\t\t\t\t\t<a href=\"https:\/\/www.theepochtimes.com\/author-zachary-stieber\"><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/10\/WEB_ZacharyStieber-1.jpg\" alt=\"Zachary Stieber\"   style=\"display:none\"><\/a>\n\t\t\t\t\t<\/div>\n<p>Zachary Stieber, a senior reporter at The Epoch Times is based in Maryland. He reports on U.S. news and international news.<\/p>\n<\/p><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>President Joe Biden\u2019s administration in a court hearing on Jan. 17 urged judges on a federal appeals court to overturn a ruling from a lower court that struck down the administration\u2019s airplane mask mandate. The U.S. Centers for Disease Control and Prevention (CDC) \u201cgood cause\u201d to impose the mandate and bypass the notice- and comment &hellip;<\/p>\n","protected":false},"author":1,"featured_media":1695402,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[547],"tags":[4496,15344,3620,5458,15121,7580,4937,5527,4575,3819,6680,4399],"class_list":["post-1808808","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-bongino-report","tag-admin","tag-airplane","tag-biden","tag-bongino","tag-cdcs","tag-judges","tag-lift","tag-mandate","tag-mask","tag-report","tag-stay","tag-urges"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1808808","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1808808"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1808808\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1695402"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1808808"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1808808"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1808808"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}