A federal judge on Monday struck down the Centers for Disease Control and Prevention’s rule that required all vacationers to put on masks on airplanes, buses, trains and different modes of public transportation, with the White House later saying that the “decision means CDC’s public transportation masking order is not in effect at this time.”
The ruling, which called the mandate “illegal,” said the CDC had overstepped its legal authority by imposing the mandate in February 2021.
The mask requirement “violates the procedures required for company rulemaking,” U.S. District Court Judge Kathryn Kimball Mizelle wrote.
The CDC had renewed the travel mask mandate several times, most recently extending it through May 3.
Because of Monday’s ruling, a Biden administration official said, “TSA won’t implement its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at the moment.”
Airlines for America, a trade association representing major North American airlines, seemed to welcome the ruling, but couldn’t speak for its individual members.
“U.S. airways have been sturdy advocates for eliminating pandemic-era insurance policies and are inspired by the lifting of the federal transportation mask mandate,” the group said.
Several airlines, including United, Delta, American and Alaska, issued statements saying masks are now optional.
Amtrak also said masks would no longer be required on trains.
The plaintiffs in the lawsuit are two women, Ana Carolina Daza and Sarah Pope, along with the Health Freedom Defense Fund, a Wyoming nonprofit that has challenged Covid vaccine and mask mandates in other parts of the country.
The suit alleged that the CDC mandate was “arbitrary and capricious,” since it gave exemptions to certain groups — like children under 2 years old — but not others.
Daza said her anxiety should qualify as a medical exemption to the CDC rule, while Pope said the “constricted respiratory from carrying a mask” exacerbated her panic attacks.
“The courtroom agreed that the CDC overstepped its statutory authority when it ordered each one that enters a travel conveyance or travel hub to put on a mask,” Brant Hadaway, the attorney who introduced the lawsuit, told NBC News via text.
Biden administration lawyers argued that Congress provided broad authority to take reasonable public health measures to prevent the spread of disease. They said the mask mandate was a conventional sanitation measure within the CDC’s authority.
“This is clearly a disappointing choice. The CDC continues recommending carrying a mask on public transit,” White House press secretary Jen Psaki said during a Monday briefing.
“Right now the Department of Homeland Security, who can be implementing, and the CDC are reviewing the choice and naturally the Department of Justice would make any determinations about litigation,” she added.
The Justice Department declined immediate comment on its plans.
The MTA said it would continue to follow CDC recommendations as it reviews the new decision, and New Jersey Transit said masks will still be required onboard its trains.
Judge Mizelle, who once clerked for Supreme Court Justice Clarence Thomas, was appointed to the Middle District of Florida bench in 2020 by President Donald Trump.
Marc Caputo, Jay Blackman, Kelly O’Donnell and Lindsey Pipia contributed.