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Judge strikes down CDC mask requirement for travelers. Guess who appointed her? Hint: in 2020

Lost the ruling so go after the republicans again? This is getting old.

Just maybe the CDC did not follow the law?

The ruling from U.S.. District Court Judge Kathryn Kimball Mizelle, came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC's authority, was "arbitrary" and "capricious" and not going through the required notice and comment period for federal rulemaking.

"The CDC's failure to explain its reasoning is particularly problematic here. At the time when the CDC issued the Mandate, the COVID-19 pandemic had been ongoing for almost a year and COVID-19 case numbers were decreasing," Mizelle wrote. "This timing undercuts the CDC's suggestion that its action was so urgent that a thirty-day comment period was contrary to the public interest."

 
Like I keep saying, liberals will never be free in this nation unless they manage to get rid of every Republican and every republican institution as well as all independents that disagree with the liberal agenda. If you're a liberal then the final solution is the only solution!
 
In a sign that people are moving on and the Covid scare is loosing its punch. Our government will need to look at new control tactics
 
Lost the ruling so go after the republicans again? This is getting old.

Just maybe the CDC did not follow the law?

The ruling from U.S.. District Court Judge Kathryn Kimball Mizelle, came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC's authority, was "arbitrary" and "capricious" and not going through the required notice and comment period for federal rulemaking.

"The CDC's failure to explain its reasoning is particularly problematic here. At the time when the CDC issued the Mandate, the COVID-19 pandemic had been ongoing for almost a year and COVID-19 case numbers were decreasing," Mizelle wrote. "This timing undercuts the CDC's suggestion that its action was so urgent that a thirty-day comment period was contrary to the public interest."



So you agree with ending title 42 for the border?
 
So you agree with ending title 42 for the border?
There are many democrats that oppose that. Did you know?


Georgia Sen. Warnock, other vulnerable Democrats oppose ending Title 42 border policy​


The Title 42 health policy is set to end on May 23​

Georgia Democrat Sen. Raphael Warnock, who won a 2021 special election and is now seeking a full term, is part of a growing list of Democrats who are speaking out against the decision to end the policy which gave the administration the ability to bar people from entering the country during a health crisis such as the COVID-19 pandemic.

Sen. Jon Tester, D-Mont., has also spoken out against the move, saying the decision to end the policy "will only add to the strain on our broken immigration system."

Sen. Joe Manchin, D-W.Va., has described the move as a "frightening decision" and said last week that Title 42 has been "essential" in combating COVID-19 and controlling the migrant flows.

Arizona Democrat Sens. Kyrsten Sinema and Mark Kelly have both written to and spoke with Mayorkas to express their concerns about the policy being lifted without proper planning.

Sen. Maggie Hassan, D-N.H., meanwhile, said that ending the order "will likely lead to a migrant surge that the administration does not appear to be ready for."

Sen. Catherine Cortez Masto, D-Nev, "This is the wrong way to do this and it will leave the administration unprepared for a surge at the border," Cortez Masto said in a statement this week.
 
There are many democrats that oppose that. Did you know?


Georgia Sen. Warnock, other vulnerable Democrats oppose ending Title 42 border policy​


The Title 42 health policy is set to end on May 23​

Georgia Democrat Sen. Raphael Warnock, who won a 2021 special election and is now seeking a full term, is part of a growing list of Democrats who are speaking out against the decision to end the policy which gave the administration the ability to bar people from entering the country during a health crisis such as the COVID-19 pandemic.

Sen. Jon Tester, D-Mont., has also spoken out against the move, saying the decision to end the policy "will only add to the strain on our broken immigration system."

Sen. Joe Manchin, D-W.Va., has described the move as a "frightening decision" and said last week that Title 42 has been "essential" in combating COVID-19 and controlling the migrant flows.

Arizona Democrat Sens. Kyrsten Sinema and Mark Kelly have both written to and spoke with Mayorkas to express their concerns about the policy being lifted without proper planning.

Sen. Maggie Hassan, D-N.H., meanwhile, said that ending the order "will likely lead to a migrant surge that the administration does not appear to be ready for."

Sen. Catherine Cortez Masto, D-Nev, "This is the wrong way to do this and it will leave the administration unprepared for a surge at the border," Cortez Masto said in a statement this week.


You didn't answer the question... Is the title 42 policy ordered by Trump illegal based on this ruling? Did that policy follow the notice and comment period for rule making?
 
You didn't answer the question... Is the title 42 policy ordered by Trump illegal based on this ruling?
Did a court rule that what the Trump administration did was illegal? If so why is it still in place?
 
Did a court rule that what the Trump administration did was illegal? If so why is it still in place?

Not yet, but this judge just handed opponents of tile 42 everything they need... Will you be celebrating when they win? Did Trump's CDC have the authority to issue the title 42 order?
 
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Like I keep saying, liberals will never be free in this nation unless they manage to get rid of every Republican and every republican institution as well as all independents that disagree with the liberal agenda. If you're a liberal then the final solution is the only solution!

^^​
Defender of an armed invasion of the Capitol committed with intent to murder congresspeople, murder the vice president, and install an unelected person as Dear Leader. Right.​


Literally none of your posts about this have any credibility. Your view is about as hyperpartisan as it gets. And nothing about the usual whining about "personal" changes that.
 
Maybe the judge is the problem, ( which may well be part of the problem with the ABA calling her underqualified secondary to an almost total lack of trial civil or criminal trial experience and short time practicing law) or maybe the language in the APA statute is the problem, or maybe the decision-making of the CDC to forego the public comment consistent with the language of the statute is the problem. We don't know until see how she compared the APA statutory language with its legal scope of authority under SCOTUS, and the decision of the CDC and its legal authority under APA, and analysed the facts, the timeline and situation under which the CDC reached its conclusions.

In short we should at least scan the judge's decision to see if it is reasonable before we pull out the partisan card as our explanation.
 
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Maybe the judge is the problem, ( which may well be part of the problem with the ABA calling her underqualified secondary to an almost total lack of trial civil or criminal trial experience and short time practicing law) or maybe the language in the APA statute is the problem, or maybe the decision-making of the CDC to forego the public comment consistent with the language of the statute is the problem. We don't know until see how she compared the APA statutory language with its legal scope of authority under SCOTUS, and the decision of the CDC and its legal authority under APA, and analysed the facts, the timeline and situation under which the CDC reached its conclusions.

In short we should at least scan the judge's decision to see if it is reasonable before we pull out the partisan card as our explanation.
You do realize that though she had scheduled oral arguments, she canceled those and just wrote a decision. And she is everything you wrote in your message andd even less. Her only experience was as an associate at a law firm, or as yo might know them gofers. I think that the GOP contacted her and told her to make the decision she did and she did so. Why else would she have scheduled and then canceled those oral arguments?
 
I have seen so many posts in the last few months on here from posters discounting a ruling because Obama appointed the judge or Clinton appointed the judge.

I'm sure they will do the same thing here.
The difference here is that this judge can barely tie her own shoelaces. Obama and Clinton appointed qualified experienced people. Trump jammed in young loyalists to stack the courts for years to come.
 
It's remarkable how high a correlation there is to right-wing rulings and those judges being appointed by Republicans.

It's about time.
If you want to continue to wear your mask, knock yourself out.

You can lower your mask to eat or drink at an airport or plane, you can go to a concert with hundreds in attendance, you can go to a sporting event with thousands in the stand, you can even attend the State of the Union mask-less but in an airport or plane you are in danger. Makes sense to me.

American Airlines CEO Doug Parker appeared to agree, saying, "I concur, the aircraft is the safest place you can be." He noted that all of his company's aircraft have the same HEPA filters.
 
The difference here is that this judge can barely tie her own shoelaces. Obama and Clinton appointed qualified experienced people. Trump jammed in young loyalists to stack the courts for years to come.
It was Mc Connell.

Trump had no idea who she was, I’m sure.
 
What makes this a "right wing ruling" or is that just a term you use for any ruling that you don't like?
Let's look at what was said about her when she was appointed

from https://civilrights.org/resource/op...ct-court-for-the-middle-district-of-florida/#

Ms. Mizelle – age 33 – is woefully unprepared and unqualified to serve as a federal judge. She is only eight years out of law school – well short of the American Bar Association’s 12-year standard for finding nominees to be minimally qualified to serve as a federal judge. While this matters little to the Trump administration – which has spent the past four years attempting to lard the federal courts with young, right-wing extremists like Ms. Mizelle – her lack of experience should make her nomination a non-starter. This nominee has been put forward not only because she is an ultraconservative ideologue, but also because she is a Trump loyalist, having worked in the Trump Justice Department to dismantle many critical civil rights protections. The Senate must reject her nomination.
 
How was the science different in the airport vs the NFL stadium?
 
You do realize that though she had scheduled oral arguments, she canceled those and just wrote a decision. And she is everything you wrote in your message andd even less. Her only experience was as an associate at a law firm, or as yo might know them gofers. I think that the GOP contacted her and told her to make the decision she did and she did so. Why else would she have scheduled and then canceled those oral arguments?
She wasn't going on nothing, we hope. She read the briefs presented by counsel and the record, and decided . Its not that uncommon to cancel oral arguments these days for efficiency/timesaving sake but I sure don't like it!. Here's an interesting article https://www.americanbar.org/groups/...sues/2020/winter/the-vanishing-oral-argument/ and this is the report on which it was based. https://www.appellateacademy.org/publications/Oral_Argument_Task_Force_Report.pdf
 
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