Ross: CDC only has itself to blame for airport mask mandate being struck down

A federal judge in Florida vacated the Biden administration’s mask mandate for airplanes trains, buses, and other public transport methods, saying it was imposed illegally.

“Our system does not permit agencies to act unlawfully even in pursuit of desirable ends,” the judge wrote. “The mask mandate is arbitrary and capricious because the CDC failed to adequately explain its reasoning.”

And she has a point.

It turns out the CDC imposed the mandate under a 1944 federal law that allows it to regulate sanitation, and it tried to justify the mask rule as a form of sanitation.

That’s one of the reasons the court opinion is 59 pages long – it took 10 pages just to show that the definition of “sanitation” cannot reasonably be applied to mask-wearing.

In fact, the judge found that the type of sanitation referred to in that 1944 law applied to fruits and vegetables, not people. That’s because when you read the whole law, you see that it refers to sanitation in the context of fumigation and pest extermination.

So, this is looking like a pretty big screw-up on the part of the CDC.

I will say that based on this decision, it appears that if the CDC had simply ordered that passengers be fumigated at the checkpoints, that might have been legal.

“OK sir, take off your shoes and your belt, and hold your arms over your head, stand still – hit it Frank!” a TSA agent might say. “Just hold your breath, sir, for a few more seconds while we get behind the ears – OK – you’re good to go!

So, as of now, the feds can’t make you wear a mask, but as the judge also made clear, states absolutely can make you wear a mask, so don’t throw them all away yet.

Plus, in a few months, it’ll be fire season.

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