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The news now is that the CDC has requested that the DOJ appeal that Florida judge's decision to nullify the mask mandate.

At least the CDC has a spine.


Federal Judge Kathryn Kimball Mizelle is a Federal District Court Judge. These details are important, so you can file an appeal with the correct court (Eleventh Federal Circuit Court of Appeals).

Finally, the judge didn't nullify the mask mandate. It was remanded to the CDC. That means that the CDC is expected to repair the errors in their original submission, and come back to the same court. What were those errors? The first is that the justification for the CDC to act was given as one word sanitation in the legislation. I'm not going to try to explain that one. The CDC has played with this requirement for over a year, and couldn't get Congress to add a couple of words to a piece of legislation.

The second issue and the one I find most troubling is that the CDC didn't arrange for public comment. They had at least a year to hold public hearings under the Biden administration and about the same under the Trump administration. Why didn't the CDC hold public hearings? Their mind was made up, so they wouldn't change the rule anyway! This is a bit horrible. Two of the people suing are expressing a specific issue: the reason they can't wear masks is not related to the ADA (American Disabilities Act).

The third grounds for remanding the rule are that it is arbitrary and capricious. I'm not going to touch that one, since arbitrary and capricious with respect to Federal rule-making doesn't mean what you would expect it to mean.
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