“The mask order does nothing to identify who has Covid as a step toward isolating and treating them,” the plaintiffs’ attorneys wrote in an August brief at the appeals court. “It is instead an entirely generic measure that, if allowed to stand, could become an enduring feature of domestic and international travel — and perhaps other commercial activities — by U.S. residents.”
With many travelers long ago shedding masks, it is unclear what would happen if the appeals court overturns Mizelle’s ruling. But mask requirements have been one of the most controversial issues of the pandemic, and numerous groups — ranging from doctors and airline workers to disabled passengers and members of Congress — have filed friend-of-the briefs in the appeal.Donald Trump
Mizelle also ruled that the CDC violated the federal Administrative Procedure Act, in part because it did not give the public proper time to review and comment on the mask rule before it was put in place. Also, she wrote that the requirement was “arbitrary and capricious” because the CDC didn’t adequately explain its reasoning.later backed the CDC’s mask order. That case has been put on hold pending a ruling by the Atlanta-based appeals court in the challenge to Mizelle’s decision.