Biden Administration Appealing Ruling Ending Mask Mandate on Planes

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The Biden Administration recently reinforced their commitment to retaining authority to impose endless COVID mandates on the American people.

In April 2022, a federal judge in Florida ruled that the CDC had overstepped its authority by requiring airlines to mandate masks on domestic flights.

The ruling was immediately celebrated, as travelers finally were able to enjoy maskless flights again.

It was also a dramatic win for science, as years of data have proven that masks are entirely ineffective at preventing the spread of COVID.

The unfortunate trend of in-flight arguments and fights also dropped dramatically after the court overturned the mandate.


Experts warned that it would lead to a surge in flight cancellations within a few weeks. Naturally, cancellation data showed that the exact opposite situation unfolded.

Additionally, in the nearly nine months since the policy ended, cases in the U.S. have remained low. While the winter of 2021-2022 saw a massive surge of infections with the mandate in place, no such surge materialized through the end of 2022.

mask mandate on planes

But none of that’s stopped the Biden administration from appealing the ruling.

While this might not necessarily mean the immediate return of mandates on planes, it would allow them and the CDC to retain that authority.

Mask mandate on planes
Airline passengers, some not wearing face masks following the end of Covid-19 public transportation rules, sit during a American Airlines flight operated by SkyWest Airlines from Los Angeles International Airport (LAX) in California to Denver, Colorado on April 19, 2022. – Mask mandates on public transportation are no longer in effect following a ruling by federal judge on April 18, 2022. (Photo by Patrick T. FALLON / AFP) (Photo by PATRICK T. FALLON/AFP via Getty Images)

Will Mask Mandates Return?

Oral arguments in the case were scheduled for Tuesday, with no indication yet how the appeal will go. But previous statements by the Justice Department show how committed they are to masking.

Despite the inarguable reality that masks do not work to prevent the spread of respiratory viruses, the New York Post reported that their attorney argued that they should have the authority to reimpose mandates for future pandemics.

“You can imagine the next pandemic, there was an outbreak of measles or SARS and the CDC would want to and need to take swift action in order to control such a pandemic in the future,” the attorney for the Justice Department said. “I think the important thing here is that the potential collateral estoppel effect of the district court’s ruling could tie up future CDC actions.”

It’s disturbing that the Justice Department apparently believes that masks on planes would be able to “control such a pandemic.”

Or that the CDC is competent enough to “control such a pandemic.”

They utterly failed to “control” this one, despite recommending some of the most draconian restrictions on normal life ever enacted in the United States.

But their lockdowns, masks, vaccine passports and other recommended policies were entirely unable to prevent the spread of a highly infectious respiratory virus.

Yet Biden and his administration are arguing they be allowed to exercise near unlimited control over the freedoms of American citizens regardless.

Thankfully, a lawyer defending the end of the mandate pointed out the obvious; this has nothing to do with public health. He told the Washington Examiner that the appeal’s timing shows how little connection it bears to Americans’ health.

“This appeal is not about an urgent matter of public health. If the mask order had been such an urgent matter of public health, you would have expected CDC to have applied for a stay to the district court’s ruling,” said the attorney representing the Health Freedom Defense Fund.

Of course, he’s entirely right. This appeal is about politics, not science.

Biden and his team want the ability to enforce mandates at their choosing, even after everyone paying attention has seen how pointless and ineffective they are.

So while it’s hard to say for certain if they would bring back mandates, it’s certainly fair to say that they might.

The CDC, despite their demonstrable ineffectiveness and incompetence, refuses to admit they were wrong. So instead of learning from their overreach and repeated failures, they’re desperately clawing to retain powers they never had.

Given their utterly ridiculous recommendations on masking persist into 2023, it wouldn’t be hard to believe they’d bring them back at the first sign of a “surge.”

To them, it doesn’t matter how often they’re wrong, it matters that they’re able to tell you what to do.

Written by Ian Miller

Ian Miller is a former award watching high school actor, ice cream expert and long suffering Dodgers fan. He spends most of his time golfing, eating as much pizza as humanly possible, reading about World War I history, and trying to get the remote back from his dog. Follow him on Twitter.

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