Trump-appointed federal judge strikes down Biden's mask mandate

A federal judge in Florida struck down the Biden administration’s national mask mandate on airplanes and mass transit Monday, opening the door for airlines and other transportation providers to amend their current pandemic restrictions.

By Tuesday morning, the federal government confirmed that the CDC's public transportation masking order is no longer in effect at this time and that TSA will no longer require masks at airports or on planes, Fox News reported.

"Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time," the official said. "CDC recommends that people continue to wear masks in indoor public transportation settings." 

Before the ruling, the Centers for Disease Control and Prevention (CDC) mandate applied to individuals as young as 2-years-old and was recently extended through May 3, although it had previously been set to expire a number of times.

The decision was made by U.S. District Court Judge Kathryn Kimball Mizelle in a case brought before Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope.

Judge Mizelle – who was appointed by former President Donald Trump -- determined that the “arbitrary” and “capricious” mandate violated the Administrative Procedure Act and did not go through the required notice and comment period for federal rule making.  

She ultimately ruled that the Biden administration’s mandate “exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions.”

The Court further declared the mandate to be unlawful 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, remanding it to the CDC for further proceedings consistent with this order,” Mizelle ordered. “The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr., as a Defendant to this action, to ENTER final judgment in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”

Florida’s Republican Gov. Ron DeSantis and state Attorney General Ashley Moody announced last month that the Sunshine State was leading a coalition of 20 states in filing a lawsuit against the Biden administration’s mask mandate on public transportation.

“Florida has led the nation in standing up to misguided federal government policies and fighting back against heavy-handed mandates that have no scientific backing,” DeSantis said. “If politicians and celebrities can attend the Super Bowl unmasked, every U.S. citizen should have the right to fly unmasked. It is well past time to get rid of this unnecessary mandate and get back to normal life.”

DeSantis was joined in its filing by states including, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia.