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Monday, September 27, 2021

U.S. Supreme Court’s decision means mask mandate may be next to go

Lucas Wall
Lucas Wall

The U.S. Supreme Court’s 6-3 decision Thursday ending the Centers for Disease Control & Prevention’s illegal Eviction Moratorium means the Federal Transportation Mask Mandate is almost certainly the next unlawful CDC pandemic order to be struck down by the judiciary as it’s based on the same law.

Justices ruled that CDC’s action to continue imposing an Eviction Moratorium was illegal because, among other reasons, Congress never authorized it. The same is true for the FTMM. Congress has never passed a law requiring anyone using public transportation to cover their face.

The court also held that the Public Health Service Act does not grant CDC the sweeping authority that it asserts. The same is true with the mask mandate. As the justices wrote, “Regulations under this authority have generally been limited to quarantining infected individuals and prohibiting the import or sale of animals known to transmit disease.” Forcing all users of public transportation to wear masks – including tens of millions such as myself who medically can’t tolerate having our breathing obstructed – likewise does not fall under the law’s authority for CDC to quarantine infected people or ban the sale of disease-carrying animals.

The high-court decision makes me extremely optimistic I will prevail in the nation’s first lawsuit seeking to end the FTMM, which has been extended to Jan. 18. CDC has no legal authority to mandate American travelers wear masks, and I expect the district court to concur this fall.

Lucas Wall has been staying with his mother in The Villages and waging war on the Federal Transportation Mask Mandate.

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