Opinion | Covid Mask Mandates, Authority and Status

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Opinion | Covid Mask Mandates, Authority and Status
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From WSJopinion: If you think mask mandates still have anything to do with public health, the Biden administration’s actions this week should disabuse you of that notion, writes jamestaranto

Following guidance from the CDC the Biden administration is appealing the decision to strike down the national mask mandate on public transportation. But it seems the appeal is about more than just the pandemic. Images: AFP/Getty Images Composite: Mark KellyIf you think mask mandates still have anything to do with public health, the Biden administration’s actions this week should disabuse you of that notion.

This maneuvering was nonsensical as a matter of law. Judge Mizelle’s ruling noted that the Public Health Services Act authorizes the CDC to order certain types of measures that “ ‘in [its] judgment are necessary’ to prevent the spread of communicable disease.” The government characterized the mask mandate as a “sanitation” measure. She held that it didn’t fit the definition of “sanitation” , and therefore was illegitimate.

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