Travelers pass through Miami International Airport before the start of Labor Day weekend on September 3, 2021 in Miami, Florida.
Joe Riddle Getty Images
A federal judge in Florida on Monday released the Biden administration’s mandate for national masks for airplanes and other forms of public transportation, arguing that the Centers for Disease Control and Prevention has exceeded its powers.
U.S. District Judge Catherine Kimball Misel said the CDC had failed to adequately explain its decisions and did not allow public comment in violation of federal procedures for issuing new rules. Misel was appointed by former President Donald Trump in 2020.
The court ruling comes less than a week after the CDC extended its mandate by 15 days, amid an increase in Covid infections across the country due to the more contagious omicron BA.2 sub-variant. The United States reported an average of nearly 35,000 new infections in seven days as of Friday, an increase of 36 percent over the past two weeks, according to the CDC.
As state and local governments across the country abolished mask mandates, the CDC decided last week to keep federal public transportation requirements in effect until May 3rd. The agency said it needed time to assess whether the increase in infections would affect hospital capacity.
The CDC has recently changed the indicators underlying its public health recommendations, placing more emphasis on hospitalizations instead of relying primarily on infections. According to current CDC guidelines, most Americans live in areas where they no longer need to wear masks indoors.
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