Judge Throws Out Federal Mask Mandate for Public Transportation

[Eric]

A Trump appointee.

https://www.twitter.com/i/web/status/1516098306916683781/

 

[SuperMatt]

A Trump appointee.

https://www.twitter.com/i/web/status/1516098306916683781/

Judges with no medical knowledge making medical decisions for the entire country. What a joke.

Somebody tell me what the point of having agencies for public health is if nobody listens to them? Some rogue judge has more power than the CDC?

The American experiment seems to be failing.

 

[fooferdoggie]

Judges with no medical knowledge making medical decisions for the entire country. What a joke.

Somebody tell me what the point of having agencies for public health is if nobody listens to them? Some rogue judge has more power than the CDC?

The American experiment seems to be failing.

well it is florida where the surgeon general is a antivaxxer so what can you expect?

 

[Eric]

Judges with no medical knowledge making medical decisions for the entire country. What a joke.

Somebody tell me what the point of having agencies for public health is if nobody listens to them? Some rogue judge has more power than the CDC?

The American experiment seems to be failing.

Yep, says far more about the system than it does this case, that's nuts.

 

[Citysnaps]

Pretty damn stupid considering the CDC is a federal organization and has far more insight than any judge regarding people coming into the US from other countries with varying infection rates, and of course, the current covid situation in the US.

 

[fooferdoggie]

Pretty damn stupid considering the CDC is a federal organization and has far more insight than any judge regarding people coming into the US from other countries with varying infection rates, and of course, the current covid situation in the US.

I ma sure the judge has god on her side.

 

[SuperMatt]

The judge who made the decision was found to be unqualified by the American Bar Association. And yet Republicans confirmed this unqualified judge, with only 8 years as a lawyer, and zero trial experience.

https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/2020-09-08chair-rating-letter-to-graham-and-feinstein-re-nomination-of-kathryn-kimball-mizelle.pdf?logActivity=true

This is banana republic bullshit. Putting unqualified partisan hacks into lifetime judge appointments? Nonsense rulings like this are the result.

 

[AG_PhamD]

Well, let’s be honest. There have been a lot of COVID-related policies, regulations, and laws enacted made by people with no medical or public health background. And medical and scientific opinions can vary. But frankly that’s irrelevant to this ruling.

The outcome of this case was purportedly decided on the CDC’s authority to continue extending the mask mandate and that the government failed to go through the process of public review required, not on the merits of masking versus not masking. The federal government could choose to seek a stay of the ruling, but appears they have chosen not to. Whether or not the judge’s decision decision is legally sound is way out of my expertise.

Operators of airlines (and other mass transportation methods) as far as I understand can still choose to mandate masks, they’re just not mandated to do so by the government. And pretty much all the airlines were the ones lobbying to end the masking.

People can still choose to wear masks as they see fit. Wearing an N95 is quite effective and presumably more so than everyone wearing a surgical mask.

COVID is here to stay. There is always going to be some risk with this disease or another. Eventually these mandates have to be pulled. It would have been smart for the CDC to set a metric publicly for when the bans can be lifted, it probably would have quelled a lot of those pushing against masks.

I don’t love the fact that a judge made this decision based on technicalities, but I don’t think lifting mask mandates on planes at this point is that unreasonable. They’ve been lifted just about everywhere else in society and a number of Western countries have already pulled airline masking laws.

I would just hope if cases skyrocket again due to some new variant, there is a method in place to make sure airlines ensure their passengers are wearing masks.

 

[SuperMatt]

Well, let’s be honest. There have been a lot of COVID-related policies, regulations, and laws enacted made by people with no medical or public health background. And medical and scientific opinions can vary. But frankly that’s irrelevant to this ruling.

The outcome of this case was purportedly decided on the CDC’s authority to continue extending the mask mandate and that the government failed to go through the process of public review required, not on the merits of masking versus not masking. The federal government could choose to seek a stay of the ruling, but appears they have chosen not to. Whether or not the judge’s decision decision is legally sound is way out of my expertise.

Operators of airlines (and other mass transportation methods) as far as I understand can still choose to mandate masks, they’re just not mandated to do so by the government. And pretty much all the airlines were the ones lobbying to end the masking.

People can still choose to wear masks as they see fit. Wearing an N95 is quite effective and presumably more so than everyone wearing a surgical mask.

COVID is here to stay. There is always going to be some risk with this disease or another. Eventually these mandates have to be pulled. It would have been smart for the CDC to set a metric publicly for when the bans can be lifted, it probably would have quelled a lot of those pushing against masks.

I don’t love the fact that a judge made this decision based on technicalities, but I don’t think lifting mask mandates on planes at this point is that unreasonable. They’ve been lifted just about everywhere else in society and a number of Western countries have already pulled airline masking laws.

I would just hope if cases skyrocket again due to some new variant, there is a method in place to make sure airlines ensure their passengers are wearing masks.

Not sure where to stat on this, because it contradicts itself more than once.

Judges shouldn’t make partisan rulings to override agencies with expert doctors looking out for the public good. Period.

Whether YOU think it’s time for masks to come off doesn’t matter. It’s up to the experts… or in this case, it’s not. It’s up to a lawyer who didn’t even meet the basic qualifications of the ABA to be a judge (but was rubber-stamped by GOP Senators anyway). THAT is the problem. If you want to dispute the merits of masking up at this time, try the COVID thread(s). This is about political hack-jobs making critical public health decisions instead of relying on the experts.

 

[Herdfan]

Judges shouldn’t make partisan rulings to override agencies with expert doctors looking out for the public good. Period.

So do you think governmental agencies should be able to set restrictions that they have no legal authority to set?

 

[Eric]

So do you think governmental agencies should be able to set restrictions that they have no legal authority to set?

No more than I think a judge with no medical background should be overruling actual infectious disease specialists at the CDC. As a whole, this system is fundamentally flawed.

 

[SuperMatt]

So do you think governmental agencies should be able to set restrictions that they have no legal authority to set?

They do have the authority. That’s the reason they were created. Far-right judges keep trying to take away their powers in the name of freedom.

You have seen the far-right judiciary chip away at the powers of the EPA for decades… now it’s applying to OSHA and CDC too. It’s a travesty.

 

[AG_PhamD]

Not sure where to stat on this, because it contradicts itself more than once.

Judges shouldn’t make partisan rulings to override agencies with expert doctors looking out for the public good. Period.

Whether YOU think it’s time for masks to come off doesn’t matter. It’s up to the experts… or in this case, it’s not. It’s up to a lawyer who didn’t even meet the basic qualifications of the ABA to be a judge (but was rubber-stamped by GOP Senators anyway). THAT is the problem. If you want to dispute the merits of masking up at this time, try the COVID thread(s). This is about political hack-jobs making critical public health decisions instead of relying on the experts.

I wrote a response to this, but forget it. Can you ever respond to a post you disagree in a manner that’s not overly negative, rude, and petulant- often containing ad hominem attacks? Is this how you talk to people in real life?

Maybe “YOU” shouldn’t have an opinion on this because “YOU” don’t have a law degree. Nor should anyone that doesn’t understand the CDC is not consensus of all experts and that science/medicine often has conflicting opinions between experts.

Or anyone who thinks a government agency should be above the law. How would you like it when the next Republican appoints a pro-life activist as the head of the CDC and deems all abortions bad for public health and the good of the public? I don’t know about you but I think that would be pretty bad.

 

[Herdfan]

They do have the authority. That’s the reason they were created. Far-right judges keep trying to take away their powers in the name of freedom.

She didn't think they did. Hence her ruling. Not sure what difference it makes in this case given that the mandate expires in 2 weeks anyway.

 

[SuperMatt]

Or anyone who thinks a government agency should be above the law. How would you like it when the next Republican appoints a pro-life activist as the head of the CDC and deems all abortions bad for public health and the good of the public? I don’t know about you but I think that would be pretty bad

The government agency… above the law? The agency was created by the law, to protect public health. The more judges try to chip away at the powers from such agencies, the worse for America.

Also, political appointees are not supposed to be able to override recommendations of the experts. That’s part of the way the LAW was written when making these agencies.

 

[SuperMatt]

She didn't think they did. Hence her ruling. Not sure what difference it makes in this case given that the mandate expires in 2 weeks anyway.

Yes, she thought that. Which is why there are posts here pointing out that she didn’t even meet the basic requirements of the ABA to become a judge.

Both parties should require that judges, who get a lifetime appointment, meet at least the most basic requirements of the ABA - 12 years as a lawyer and experience in trials. This judge had 8 years as a lawyer and zero trial experience in her life. And she’s made a public health decision affecting millions. That is ridiculous by any measure.

 

[quagmire]

I’m of two opinions here. First I’m not an anti-masker. But same time, I’m glad it is gone. As been pointed out earlier, mask requirements have been dropping every where, yet it seemed like the mask requirement for transportation was just being kicked down the road until the next surge occurred to justify further extending it.

But! What we all should care about is was the legal basis for the judge striking it down sound? As much as I’m glad it’s gone, it’s troubling if the judge was grasping at straws to strike it down.

 

[JayMysteri0]

I’m of two opinions here. First I’m not an anti-masker. But same time, I’m glad it is gone. As been pointed out earlier, mask requirements have been dropping every where, yet it seemed like the mask requirement for transportation was just being kicked down the road until the next surge occurred to justify further extending it.

But! What we all should care about is was the legal basis for the judge striking it down sound? As much as I’m glad it’s gone, it’s troubling if the judge was grasping at straws to strike it down.

From what I understand, she didn't even really try to grasp for any straws.

She also threw it out for the country, not only her district in Florida. On the logic that it couldn't be lifted for just the people involved in the actual lawsuit. Any conservatives applauding this will be showing their asses when they later cry again about activist judges.

The wider range is that it also lifts the mandate on public transportation nationwide, where far more people were likely to be infected and / or where. Fortunately the option for organizations to keep the mandate is still in place. Which is what NY Public transit is doing.

 

[quagmire]

From what I understand, she didn't even really try to grasp for any straws.

She also threw it out for the country, not only her district in Florida. On the logic that it couldn't be lifted for just the people involved in the actual lawsuit. Any conservatives applauding this will be showing their asses when they later cry again about activist judges.

The wider range is that it also lifts the mandate on public transportation nationwide, where far more people were likely to be infected and / or where. Fortunately the option for organizations to keep the mandate is still in place. Which is what NY Public transit is doing.

Oh I agree with the conservatives lauding this are hypocrites. A decision they like they laud as a win for freedom. A decision they don’t like is judicial activism. Already see ton of people claiming a judge having common sense. Sorry common sense doesn’t play into the law. If it was a power the agency/government has, it is a legal mandate. Common sense or not.

 

[SuperMatt]

Can you ever respond to a post you disagree in a manner that’s not overly negative, rude, and petulant- often containing ad hominem attacks? Is this how you talk to people in real life?

1. If that’s how my posts come across, then the answer is apparently no.

2. I am real and alive. So yes.