CDC’s Mask Mandate For Public Transit Overturned By FL Judge: Report

FLORIDA — A federal judge in Florida on Monday overturned the Centers for Disease Control and Prevention's national mask mandate for all forms of public transportation, including planes, trains and ferries.

The CDC recently extended the mandate another 15 days, through May 3, because of the spread of the omicron B.A. 2 subvariant. The order had gone into effect Feb. 1, 2021.

U.S. District Judge Kathryn Kimball Mizelle said the CDC’s order exceeds the agency’s statutory authority, according to CNBC.

"The court concludes that the mask mandate exceeds the CDC's statutory authority and violates the procedures required for agency rulemaking under the APA [Administrative Procedure Act]," the judge wrote, CBS News reported. "Accordingly, the court vacates the mandate and remands it to the CDC."

Related: These Airlines Drop COVID Mask Mandates, Leave It Up To Passengers

The Biden administration has not said if it will appeal the ruling.

In response to the ruling, the Transportation Security Administration said Monday night that effective immediately, TSA will no longer enforce its directive requiring mask use on public transportation and transportation hubs.

"CDC continues to recommend that people wear masks in indoor public transportation settings at this time," the TSA statement said.

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely because it would be impossible to end it for the limited group of people who objected to it in the lawsuit.

The judge said “a limited remedy would be no remedy at all” and that the courts have full authority to make a decision such as this — even if the goals of the CDC in fighting the virus are laudable, The Associated Press reported.

“Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she wrote.

She also said the CDC didn’t offer justification for the extension of its mask mandate and didn’t follow proper procedure in doing so, according to Fortune.

Mizelle, who has served in the U.S. District Court for the Middle District of Florida since Sept. 8, 2020, was nominated to the seat by former President Donald Trump.

This story includes reporting by The Associated Press. This report will be updated.