DOJ says it will appeal to revive mask mandate -- if the CDC determines it's still needed
Source: CNN
(CNN)The Justice Department said Tuesday it will appeal a court ruling that struck down the federal government's mask mandate for travelers -- but only if the US Centers for Disease Control and Prevention determines the mandate is still necessary to protect public health.
"The Department of Justice and the Centers for Disease Control and Prevention disagree with the district court's decision and will appeal, subject to CDC's conclusion that the order remains necessary for public health," spokesman Anthony Coley said in a statement.
"The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve," Coley said.
The CDC was set to assess whether the mandate was still needed until May 3, and Coley said any appeal would come after that date.
Read more: https://www.cnn.com/2022/04/19/politics/white-house-mask-mandate-travel-changes/index.html?utm_source=twCNNp&utm_content=2022-04-19T22%3A38%3A42&utm_term=link&utm_medium=social
peppertree
(21,650 posts)I'd get the sassiest nurse in the place to stop her at the door, and say: "All full up, Trumpkin pumpkin."
LetMyPeopleVote
(145,481 posts)Response to LetMyPeopleVote (Reply #2)
progree This message was self-deleted by its author.
BumRushDaShow
(129,339 posts)(had seen a breaking awhile ago but was tied up)
By Sheryl Gay Stolberg and Charlie Savage
April 19, 2022 Updated 6:39 p.m. ET
WASHINGTON The Biden administration announced on Tuesday that it intends to appeal a Florida judges ruling that struck down a federal mask requirement on airplanes, trains, buses and other public transportation if the Centers for Disease Control and Prevention decide that extending the measure is necessary. The Justice Department and the C.D.C. disagree with the district courts decision and will appeal, subject to C.D.C.s conclusion that the order remains necessary for public health, the department said in a statement.
The announcement signaled that the government does not accept the narrow interpretation of the C.D.C.s authority to impose such measures that the judge, a 35-year old appointee of former President Donald J. Trump, laid out in her ruling on Monday. But it does not necessarily mean that litigation in the case will continue. The mandate which also applied to hubs like airports and train stations had been set to expire on May 3 even before the judge struck it down on Monday.
If the C.D.C. decides there is a public health basis for trying to reinstate and extend the mask mandate, the Justice Department will swiftly file an appeal. But if the C.D.C. decides otherwise, the administration will not appeal and the case will instead end as mooted but without any signal of executive branch acquiescence to the judges view of its authority. The Justice Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given C.D.C. to protect the public health, the statement said. That is an important authority the department will continue to work to preserve.
It continued: If C.D.C. concludes that a mandatory order remains necessary for the publics health after that assessment, the Department of Justice will appeal the district courts decision. The Centers for Disease Control and Prevention imposed the mandate in early 2021. It had already extended it several times, most recently on April 13 when it said it wanted to keep it in place several more weeks while it assessed the potential severity of the Omicron subvariant known as BA.2, which recently became the dominant version among new U.S. cases.
https://www.nytimes.com/2022/04/19/us/politics/biden-mask-mandate-transportation.html
Hoyt
(54,770 posts)At this point, that doesn't seem likely to happen and an appeal probably couldn't happen by May 3rd.
As a practical matter, I don't think CDC would issue a mask -- or similar -- mandate in the future unless the President and his Admin approve. Point is, the Executive Branch should probably issue these orders based upon input from CDC and other departments/agencies.
Unfortunately, I think 70+% of so of population is over masks. I kind of liked them, except when I wanted to smile at someone.
Evolve Dammit
(16,754 posts)Jon King
(1,910 posts)Sorry but this is a terrible move. It is a very, very unpopular mandate among almost all voting blocs. Swing voters hate it.
There were even several well written articles about how that judge did the Biden administration a gigantic favor by taking such an unpopular issue off the table. Its just not effective either as many times passengers take off the masks to eat and drink anyway.
Blues Heron
(5,939 posts)You dont play political games with something this serious. You cannot ethically abandon a proven health measure during a pandemic for short term political advantage. Thats just Trump level sleazy.
FBaggins
(26,756 posts)Are they appropriate or are a bunch of politicians "playing political games" for "popularity contests".
Keep in mind when answering that almost every single one who has changed course over the last month or two has a "D" next to their name.
Blues Heron
(5,939 posts)BumRushDaShow
(129,339 posts)And more and more are being filed to basically eliminate the whole point of a "public health system" in order to upend federal Public Health laws - a number of which were also implemented in many states post-WW2.
Their "arguments" have been along the line that the country is no longer "in an emergency" and with that, like here in PA last year, they have been limiting or removing the authority of the President or governor or County officials to even declare a "health emergency" (or in some cases, ANY "emergency" ).
FBaggins
(26,756 posts)Most mask mandates ending in recent weeks have been because the mayor/governor/whatever have chosen to end them - either because they are no longer needed or because the politician recognizes that the public no longer supports the requirement (or both).
In almost every recent case that has been a democrat making the call. Not because republicans oppose such decisions, but because they were in favor of ending them far before the numbers declined so significantly.
BumRushDaShow
(129,339 posts)as the numbers began to bottom out and what was the result? The same fucking thing that happened the last 6 waves - a new variant appeared and ran rampant or is about to run rampant, through the area. That is why we re-implemented it. And it has already been challenged in court by more RW loons (although an earlier suit was tossed out here).
These "mandates" weren't meant to be "permanent" and adding masking as a mitigation feature is NOT a "lock down end of the world" strategy either - which is essentially how these mandates have been mis-characterized by the RW and the media, where many (blue) counties and municipalities have just given up because of the cost and time needed to fight these endless suits.
I.e., - throwing up their hands to say - if they want to get sick or die, then let them get sick and die.
The distortions about using MITIGATION to reduce the severity of waves, have been a load of nonsense from day one and have real consequential negative effects. We know it will never "go to zero" but if you keep it tamped down, then we can continue to go about our lives.
The below was the perfect historic case study of why a century later, "mitigation" can be found to work (and Philadelphia was the unfortunate victim of idiocy back then by not using common sense) -
Link to tweet
@BradNitzWSB
This graph shows why social distancing is so important.
In 1918 Philadelphia did not, but St. Louis did. Lets all work to minimize our numbers now. This is temporary.
Image
3:30 PM · Mar 12, 2020
There has been a lot of use of what has become a "talking point term" - "new normal" - but a refusal to actually shift behaviors to move to the new normal, which may include periodic (NOT PERMANENT) restrictions to keep the boiling pot down to a simmer until this thing runs its course.
beaglelover
(3,488 posts)Wait until they see the effects of this aweful decision in November.
FBaggins
(26,756 posts)This announcement appears to merely kick the can down the road. They want to make clear that the judge's ruling is legally faulty, but they probably don't want to extend the mandate (absent a return of much higher infection numbers).
So they make this statement today and then declare the issue moot a couple of weeks from now.
Orrex
(63,220 posts)Just like last time. Even when the so-called "mask mandate" was in full effect, I seldom saw more than 10% of people in stores and businesses wearing masks.
They might as well mandate against hunting sasquatches or picking 12-leaf clovers.
Society as a whole is desperate to destroy itself as fast as possible, and covid simply presents yet another convenient way to do so with minimal effort.
orleans
(34,071 posts)Orrex
(63,220 posts)But I travel locally a good bit for work, and the sentiment is the same everywhere in western PA and much of Ohio.
rockfordfile
(8,704 posts)The only people that caused problems with masking are un-American republican pos. It's a far-right corrupt trump appointed judge that did this.
brooklynite
(94,685 posts)If its okay with withdrawing mandates, it should do so proactively. If its NOT okay, it needs to publicly assert its policy and reasons and fight for it in Court and in Congress. Getting dragged along by Court rulings and other Democratic leaders isn't being helpful.