Sen. Joni Ernst of Iowa urged the Department of Justice on Monday to drop its appeal of a judge’s ruling in Florida that overturned the federal mask mandate on public transportation, saying the back-and-forth is confusing and unfair to travelers.
The Republican lawmaker also told Attorney General Merrick Garland that any attempt to restore the mandate would be inconsistent with comments by President Biden, who said after the ruling it will be up to individuals to decide whether to mask up on planes, trains and buses.
“I have long been supportive of individuals taking action to protect their own health,” Ms. Ernst wrote to Mr. Garland in a letter. “However, your attempt to continue this mandate takes the decision-making out of the hands of individuals and creates uncertainty for travelers, as well as businesses tasked with enforcing this unpopular mandate.”
She also pointed to the number of cities that have dropped universal masking alongside pandemic-low hospitalizations for COVID-19 and in line with federal guidelines.
“In addition to being overly burdensome, the mandate is inconsistent with policies instated by cities and states across the country who have elected to repeal their own mask mandates, as well as commentary by President Biden,” Ms. Ernst wrote.
The senator asked Mr. Garland if his department has evidence of whether masking during transit reduces the spread of COVID-19 at originating or destination sites, or if the administration has a caseload threshold that would prompt it to abandon the mask mandate.
The transportation mask mandate is on hold after U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, ruled on April 18 that the Centers for Disease Control and Prevention overstepped its authority and did not justify issuing the advice that underpins the mask mandate.
She said the mandate ran afoul of federal law because it did not adhere to the Administrative Procedures Act when issuing the order.
After a confusing two days, the Justice Department filed a notice of appeal, saying it was vital to defend the CDC’s authority in safeguarding public health.
Legal experts said the administration might not want a full fight over the mandate, since it was set to expire on May 3 and high-level courts could set a precedent that is adverse to CDC interests.
Instead, the Biden team could try to run out the clock by filing its notice of appeal and waiting for the previously announced expiration date of May 3. It could then ask the U.S. Court of Appeals for the 11th Circuit to vacate the Mizelle ruling as moot, a practice that is known as the “Munsingwear” doctrine.
For more information, visit The Washington Times COVID-19 resource page.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.
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