In an e-mail today this summary of the main points of the US District Judges ruling invalidating the mask mandates issued by the CDC. It is by Twila Brase, RN, PHN President and Co-founder of Citizens Council for Health Freedom (CCHF). Meme items imparted by V’PAC our collection and do not necessarily represent the views of CHF or Judge Mizelle.
I have read U.S. District Court Judge Kathryn Kimball Mizelle’s excellent decision against the Biden mask mandate for travel, which went into effect late Monday night. The TSA says they will not enforce the mask mandate, and every airline says face masks are now optional.
The U.S. Department of Justice, which appealed the ruling yesterday, said on April 19, “The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve.”
This is a lie. The CDC has no such authority to preserve. In a 59-page ruling, Judge Mizelle clarifies:
• WRONG DEFINITION: Despite CDC claims that the 70-year-old Public Health Services Act [PHSA] permitting sanitation gives it authority to mask the public, Judge Mizelle said sanitation is limited to cleaning tangible items, not covering people’s mouths.
• WRONG LEGAL BASIS: While the CDC has the right to detain and quarantine people entering the U.S., the law doesn’t give it the power to conditionally release Americans to travel within the U.S., dependent on the wearing of a mask.
• OUT OF BOUNDS: The CDC found “a power over public health” that is “a function of state police power” despite there being no indication that Congress “intended for the CDC to invade the traditionally State-operated arena of population-wide, preventative public-health regulations.”
• VIOLATED ADMINISTRATIVE PROCEDURES ACT (APA): “The CDC did not allow for public participation through notice and comment before issuing the Mask Mandate.” Judge Mizelle said the CDC’s single sentence, claiming Covid as their “good cause” rationale for forgoing public participation, was “insufficient.”
• ARBITRARY AND CAPRICIOUS MANDATE: The CDC exempts individuals who are “eating, drinking, or taking medication” from the mandate, and children under two years old. The judge notes, “The Mandate makes no effort to explain why its purposes – prevention of transmission and serious illness – allow for such exceptions.”
• MY FAVORITE PART OF THE RULING: “Since the CDC did not explain its decision to compromise the effectiveness of its Mandate by including exceptions or its decision to limit those exceptions, the Court cannot conclude that the CDC ‘articulated a rational connection between the facts found and the choices made.’” [emphasis mine.]
Compromise indeed. At snack time mid-flight, it is somehow OK for all 300 airline passengers to be mask-free. This exception demonstrates a serious lack of seriousness. Americans could have stopped playing make-believe, but as Judge Mizelle said, this mandate was not without harm. Those who refused could be fined, kicked off planes, grounded for life, shamed, and humiliated.
To try to retain the CDC’s power to mask you at will, the DOJ has appealed the ruling. This is a fight they must lose and we must win. The mask is a sign of their power over you—and your submission. Rejoice in the courage and rightful ruling of Judge Kathryn Kimball Mizelle. Then resolve to never submit again.
Grateful for freedom,
