rickair7777

Yes, it would be valuable to establish that precedent. I'm actually surprised that the WH is going to the mat on this... if it gets to SCOTUS weighs, it could have far-reaching and permanent ramifications for big government. Somebody's not really thinking this through

Stategery says they should bow out gracefully while the getting's good.

Andy

I would surmise that since this ruling was from a Trump appointed judge (who is 'unqualified', according to the very political ABA), the administration is going to take this as far as they can.

ShyGuy

I gotta take my old man spectacles and look at the calendar again. Overly extended mask mandate was ending Apr 18. The CDC said to study the new BA v2 variant, they wanted to extend the mask mandate through May 3. Then the Florida judge overturns the mandate. Now the DOJ is trying to overturn the decision. What's the chances of an appeal decision coming before May 3? Since it's probably not, why would the government pursue this if the new extension was ending May 3?


At this point one would have to be an idiot if they really thought the CDC would let it go after May 3. They were going to make up an excuse and extend it again from May 3 to end of May. Then again in June. Then again in July. And again, and again. Probably until the Republican wins in November.

How does ANY of this have to do with science? There is literally NO mandate in the rest of America. People are maskless in homes, schools, offices, concerts, buildings, gatherings, parks, restaurants, indoor stuff, outdoor stuff, everything. So why does putting a mask on for a flight help? They were maskless before the airport and will be maskless leaving the airport. If Covid is gonna spread, it's spreading anyway because there are no more mask protection in the rest of American life. Sorry but this looks like a theater now, nothing more.

dera

If everyone just looks at this case past prima facie, you will see this works out pretty well for everyone.

The ruling was garbage, just read it. It has so many gaping holes an appeals court likely will overturn or return it in a heartbeat. The DOJ did not request a stay for the verdict, so the mandate will stay dead until the appeal is heard, which very likely is past the point when the mandate was going to expire anyway.

It is a political win win for everyone. Biden can say he did not want to revoke it, so the woke libs are happy. The mandate will die by expiration, so the whole country is happy. And they will get this ruling overturned, which keeps CDC happy.

Stryker172

The administration can't take the credit for lifting the mandate if a Trump appointed judge did it. So of course fight to reinstate it. For your health.

jDSTJD

To have the appellate court clarify or confirm the CDC’s authority to issue this type of mandate in general. If they don’t appeal this judge’s ruling, the order becomes final and unappealable which would have far reaching effects across the country. The government would then have to fight to enforce its orders issued under this particular law in the future because of the precedent this one trial court level ruling could have. It really isn’t about maintaining the mandate, it’s about the legal arguments regarding the validity and scope of the CDC’s power under this particular law. Other trial courts have enjoined the mandate before. It was probably the analysis this judge used to get to his/her opinion that the government’s lawyers felt was inappropriate and therefore shouldn’t be allowed to stand. It would pretty much be malpractice for the government’s attorneys not to appeal. What’s probably going to happen is the appellate court will use a different, more historically accepted analysis and overturn the trial court’s order, but not reinstate the mandate since it expired already and therefore doing so would be moot.

Firefighterpilo

Notice you don’t hear follow the science from maskers anymore. Now that the science show mask at best made no difference at worse caused more cases it’s crickets. I feel for those still masking it is like their safety blanket, no different from a toddler and his stuff bear. The article below breaks down the studies of two years of masks.

https://www.city-journal.org/the-fai...-mask-mandates

Round Luggage

Why is that?

TaylorPilot

No doubt they'll win....question is, will they get a temporary injunction to turn the mandate back on for 3 months while they go to court....if you had any question about whether they would extend it again, you have your answer....if they had their way, everyone would be wearing masks till the end of time...

RI830

Exactly!!! The White House isn't really behind this IMHO.

The power hungry CDC sought the DOJ to appeal this. The DOJ doesn't exactly follow the rules or chain of command!
I see this being a "we aren't going down without an appearance of a fight" type of appeal.