Trump-appointed judge strikes down federal COVID-19 travel mask mandate; still need to wear a mask on NYC subways
A federal judge in Florida struck down a 14-month-old federal public transit mask mandate on Monday, in a ruling that could spell an early departure for forced masking on planes and other forms of mass transit, but did not appear to have an instant impact on COVID rules in the New York subway.
The ruling from Judge Kathryn Kimball Mizelle, a 35-year-old jurist appointed to the federal bench by President Donald Trump, said that U.S. health authorities overstepped their authority by enacting the mandate.
United Airlines wasted no time and announced that “Effective immediately, masks are no longer required at United on domestic flights, select international flights (dependent upon the arrival country’s mask requirements) or at U.S. airports.”
An ardent foe against mask mandates, Gov. Ron DeSantis (R-Fla.) praised the ruling in a statement on Twitter.
“Great to see a federal judge in Florida follow the law and reject the Biden transportation mask mandate. Both airline employees and passengers deserve to have this misery end,” DeSantis posted on social media.
With COVID case rates ticking up in the U.S., the Centers for Disease Control and Prevention said last week that the mask mandate for transit would be extended through May 3.
The MTA, which operates the city’s subways and buses, said it would continue to require riders to wear masks. “The mask requirement on public transit in NY remains in effect for now pursuant to a March 2, 2022 determination by the New York State Department of Health,” Tim Minton, an MTA spokesman, said in a statement.
It was not immediately clear if the Biden administration would appeal the ruling. But Jen Psaki, the White House press secretary, noted that the “CDC continues recommending wearing a mask in public transit.”
“This is obviously a disappointing decision,” Psaki said in a news briefing, adding that the Department of Homeland Security and the CDC were reviewing the decision. “The Department of Justice would make any determinations about litigation.”
Mizelle said in a 59-page ruling that the CDC had exceeded its power and “failed to adequately explain its decisions.”
The CDC imposed the mask mandate in February 2021, at the height of the pandemic, and has repeatedly extended it as the U.S. has battled surges spawned by vicious variants.
The mandate was set to expire Monday amid mostly declining numbers as the omicron wave ebbs.
But the CDC extended it until May 3, citing the BA.2 subvariant of omicron that is driving caseloads higher in New York and the rest of the Northeast.
The CDC said in a statement it would assess “the potential impact of the rise of cases on severe disease, including hospitalizations and death.”
New York’s statewide week-long COVID test positivity rate hit 5.1% on Monday, up from 3% two weeks ago, according to Gov. Hochul’s office.
Mayor Adams holds off on new COVID restrictions as NYC nears ‘medium’ risk level
The governor’s office and City Hall both deferred comment on the Florida ruling to the MTA.
But in remarks at a ribbon-cutting for a rooftop park in Manhattan, Hochul called on New Yorkers to keep in mind that “the numbers are going up.”
“So be smart,” Hochul said. “Get your vaccination, get boosted, and when you need to be around a lot of people — and you’re more comfortable doing this — then certainly wear a mask.”
Dr. Jay Varma, who served as a top health adviser to former Mayor Bill de Blasio, said he was concerned about possible dangers from passengers letting their masks down in airports, where air filtration systems may be less robust than on planes.
“I can understand if the decisions are based solely on the law,” Varma said. “But there has been a troubling pattern around the country of judges making public health decisions — in some cases partially, and in other cases wholly — because they disagree with the public health rationale.”
With Denis Slattery and Clayton Guse
