Federal Judge Strikes Down CDC Travel Mask Mandate

A federal judge has deemed the travel mask mandate unlawful.

On Monday, U.S. District Judge Kathryn Kimball Mizelle ruled that the mandate is unlawful because it exceeded the statutory authority of the U.S. Centers for Disease Control and Prevention. She says the CDC failed to define the mandate’s grounds sufficiently and did not enable public comment, which was a breach of federal standards for adopting new rules. The latest development arrived just days after the CDC moved to extend a mask mandate for all mass transportation methods such as airplanes, buses, and trains.

This ruling means that the travel mask mandate will not go into effect as the Biden administration confronts “potential next steps.” TSA will not be enforcing the mask requirement, though the CDC recommends all travelers continue wearing masks in indoor public transportation settings.

Masking rules across the country have once again been thrown into disarray due to the frequently changing guidelines. After the judge struck down the mandate, multiple airlines, including Delta, United, and Southwest, released communications on their websites letting passengers know that masks are still optional. Amtrak was also quick to let riders know that face coverings were not required. It’s unclear whether the Department of Justice will seek a temporary restraining order and file an appeal.

Last week, the CDC moved to extend the mandate for transportation as COVID-19 cases increase, thanks to the omicron BA.2 subvariant.