Texas, U.S. Rep. Sue Biden, CDC Over Airline Mask Mandate

DALLAS, TX — The state of Texas and a U.S. representative are suing the Biden administration and the Centers for Disease Control and Prevention over the federal airline mask mandate.

The state and Rep. Elizabeth Van Duyne, a Republican from Texas' 24th District, filed the lawsuit in the U.S. District Court of the Texas Northern District on Wednesday, according to court documents.

The plaintiffs are seeking an injunction against the enforcement of the mask mandate that requires people to wear face coverings in transportation hubs and conveyances, including aircraft, vessels, trains and ride-share arrangements, among other modes of transportation, according to the complaint.

The complaint argues the mask order doesn't provide findings that masks help prevent the spread of COVID-19, that it overreaches the CDC's statutory authority and is in excess of the Administrative Procedure Act.

Van Duyne claims personal injury because the order affects Dallas-Fort Worth International Airport, the airport she uses for approximately 80 flights per year as part of her duties as a representative, and she would not elect to wear a mask if not forced to, according to the complaint.

Van Duyne served as the mayor of Irving from 2011 to 2017 and was an official in the Department of Housing and Urban Development during the Trump administration. She took office as a U.S. representative in January 2021.