Federal Judge Overturns Mask Mandate on Public Transportation

A federal judge in Florida on April 18 overturned the Centers for Disease Control and Prevention's (CDC) national mask mandate on public transportation, in airports, and on airlines. The ruling declares the mandate 'unlawful'. Also, it 'exceeds CDC's statutory authority and violates the procedures required for agency rulemaking under the Administrative Procedure Act (APA).' U.S. District Judge Kathryn Kimball Mizelle said in her 59-page ruling that the only remedy was to vacate the rule entirely because non-enforcement of the order for the limited group of people who objected to it in the lawsuit would be impossible. 

Last week, CDC extended the mask mandate on public transportation, in airports, and on airlines until Monday, May 3, 2022. The immediate impact of this decision, including the fate of TSA's Security Directive on mask requirements, and whether the government will appeal is unclear. The judge has remanded the mandate 'to CDC for further proceedings' consistent with her order.

AAAE staff already had a call scheduled with CDC on the updated mask mandate and the amended attestation order for post international arrival self-quarantine and isolation requirements. We anticipate this ruling will be a topic of conversation during the call and will update you as we learn more about the immediate impact of this ruling.