The anti-mask ruling issued by a Trump-appointed judge has badly stymied the CDC’s power to protect travelers.
Astoundingly, Mizelle noted, “The Court accepts the CDC’s policy determination that requiring masks will limit COVID-19 transmission and will thus decrease the serious illnesses…” but she then concluded that this doesn’t amount to “good cause.”
Although Mizelle quoted the CDC’s finding that masks are “one of the most effective strategies available for reducing COVID-19 transmission,” she substituted her own construction of the act for the CDC’s. Mizelle refused to defer to the CDC as required by the, which requires a court to accept an agency’s interpretation of a statute when the statute is ambiguous and the agency’s interpretation is reasonable.
Astoundingly, Mizelle noted, “The Court accepts the CDC’s policy determination that requiring masks will limit COVID-19 transmission and will thus decrease the serious illnesses and death that COVID-19 occasions,” but she then concluded that this doesn’t amount to “good cause.”
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