CDC defends its authority to issue transportation mask mandate in brief arguing for reversal of ruling that blocked it

CDC defends its authority to issue transportation mask mandate in brief arguing for reversal of ruling that blocked it

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Key Facts

  • CNN — The US Centers for Disease Control and Prevention defended its authority to issue a mask mandate for domestic travelers, in a brief filed Tuesday asking an appeals court to reverse a district court’s decision in April to strike down the mandate.
  • The Justice Department argued that the district court’s logic would mean the CDC would not have the authority to take on many other kinds of measures it has implemented to limit the spread of communicable disease, noting that the law in question has been used “to prohibit the capture, distribution, or release of certain animals to prevent the spread of monkeypox.”
  • To defend the manner in which the agency rolled out the mask policy – which the judge also found procedurally flawed in a way that warranted its invalidation – the Biden administration pointed to the Supreme Court’s decision to leave in effect the vaccine mandate for certain health care workers.
  • “The district court’s objection that the CDC took too long to issue the mask order (which was issued nine months before the CMS vaccination requirement) echoes the argument that the Supreme Court rejected in [the vaccine mandate case] and fails for the same reason.”

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