Thanks to Mike C. (the article points out that this judge has been evaluated as “not-qualified” by the ABA and was nonetheless appointed by the Trump administration and approved by a party-line vote)
By Charlie Savage and Heather Murphy
WASHINGTON — A federal judge in Florida struck down the federal mask requirement on airplanes, trains, buses and other public transportation on Monday, less than a week after the Centers for Disease Control and Prevention had extended it through May 3.
In a 59-page decision, Judge Kathryn Kimball Mizelle, an appointee of former President Donald J. Trump, voided the mandate — which also applies to airports, train stations, and other transportation hubs — nationwide on several grounds, including ruling that the agency had exceeded its legal authority under the Public Health Services Act of 1944.
The Justice Department had no immediate comment on whether the Biden administration would appeal — and, if so, whether it would ask Judge Mizelle or an appeals court to stay her ruling pending any further litigation so that the rule could continue to be enforced. A C.D.C. spokeswoman declined to comment.
It was not clear whether airlines would continue to require passengers to wear masks without the rule. But last month, the executives of major airlines — including American Airlines, Delta Air Lines, and United Airlines — had asked the Biden administration to let the mask mandate on planes and in airports to expire in a joint letter.
Still, the ruling also comes at a time when new coronavirus cases are sharply rising again. Last week, the C.D.C. extended the mask rule until May 3, citing a desire to assess the potential severity of the Omicron subvariant known as BA.2, which recently became the dominant version among new U.S. cases. On Monday, the city of Philadelphia reinstated a mask mandate in response, becoming the first major city to do so.