A Florida federal judge overturned a requirement for a federal mask for airplanes, airports and public transportation on Monday, less than a week after the Centers for Disease Control and Prevention extended it until May.
In his ruling, Federal District Judge Catherine Kimball Miesel said the mandate “exceeds the CDC’s legal authority and violates the procedures required to establish agency rules under the APA,” citing the Administrative Procedure Act, which was written to ensure that the executive branch follows protocol when it wants to change policies and issue regulations.
Judge Misel’s decision, appointed by President Donald Trump, came as part of a lawsuit filed in Tampa last year by a group called the Fund for the Protection of Freedom of Health.
She declared the mandate illegal and released him – apparently closing it for now. It was not immediately clear whether the Ministry of Justice would appeal her order. If so, he could ask the judge or the appellate court to postpone her order so the CDC can continue to carry it out while the matter is subject to further litigation.
Charlie Savage and Noah Wayland contributed to the report.
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