The law says the agency may take such measures as it deems “necessary,” and provides a list of examples, like “sanitation.” The judge wrote that this power was limited to things like cleaning property — not requiring people to take hygienic steps.
“If Congress intended this definition, the power bestowed on the C.D.C. would be breathtaking,” she wrote. “And it certainly would not be limited to modest measures of ‘sanitation’ like masks.”
If the government’s broader interpretation of the agency’s powers were accurate, she added, the C.D.C. could require businesses to install air filtration systems, mandate that people take vaccines, or even require “coughing into elbows and daily multivitamins.”
The ruling joins a tangle of litigation over various mandates attempting to curb the pandemic, most of which have centered on requirements, issued under various legal authorities, that different categories of people get vaccinated.
The outcomes of legal challenges to those mandates have varied. For example, a Federal District Court judge in Texas blocked an administration requirement that federal workers be vaccinated, but this month, an appeals court reversed that ruling.
In January, the Supreme Court blocked a Biden administration edict that large employers require workers to get vaccinated or submit to regular testing. But the Supreme Court has permitted military officials to take vaccination status into account when deciding where service members should be assigned or deployed — and on Monday, it allowed the Pentagon to take disciplinary action against a reservist who refused to get vaccinated.
After the C.D.C. and T.S.A. issued their guidance Monday evening, the nation’s four largest airlines — United, Delta, Southwest and American — said they were dropping their mask requirements, as did JetBlue, Alaska, Spirit and Frontier.
Source Article from https://www.nytimes.com/2022/04/18/us/politics/federal-mask-mandate-airplanes.html
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