Joe Biden’s presidency keeps running headfirst into the reality that America is governed by the rule of law.
Biden’s tyrannical orders are falling by the wayside.
And Joe Biden just lost a huge court case that has Democrats red with rage.
U.S. District Court Judge Kathryn Kimball Mizelle struck down Joe Biden’s nonsensical, authoritarian, and unconstitutional federal mask mandate for public transportation.
Judge Mizelle slammed the order for violating the Administrative Procedure Act that requires proper justification and public comment periods for regulations to take effect.
“It is indisputable that the public has a strong interest in combating the spread of Covid-19,” Judge Mizelle ruled. “In pursuit of that end, the CDC issued the mask mandate. But the mandate exceeded the CDC statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions. Because our system does not permit agencies to act unlawfully even in the pursuit of desirable ends, the court declares unlawful and vacates the mask mandate.”
The Biden administration claimed the Public Health Service Act of 1944 grants the government the authority over “inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures[.]”
The Biden administration also illegally used this statute as the basis for a federal eviction moratorium last fall which the Supreme Court promptly struck down.
Judge Mizelle also ruled the administration illegally used the Public Health Service Act to impose masks on public transport.
“The context of [the statute] indicates that ‘sanitation’ and ‘other measures’ refer to measures that clean something, not ones that keep something clean,” Judge Mizelle wrote. “Wearing a mask cleans nothing.
“The CDC’s failure to explain its reasoning is particularly problematic here. At the time when the CDC issued the Mandate, the COVID-19 pandemic had been ongoing for almost a year and COVID-19 case numbers were decreasing,” Judge Mizelle continued. “This timing undercuts the CDC’s suggestion that its action was so urgent that a thirty-day comment period was contrary to the public interest.”
Jen Psaki criticized the ruling and defended the illogical and unscientific mask mandate on airplanes, trains and buses.
“This is obviously a disappointing decision. The CDC continues recommending wearing a mask in public transit,” Psaki stated before claiming the administration is “reviewing the decision and of course the Department of Justice would be making any determinations about any litigation.”
Liberal journalists freaked out on social media launching sexist smears against Judge Mizelle claiming a young woman like her had no business holding a position like federal judge.
The judge who made this ruling, Kathryn Kimball, is 35 yrs old. Was confirmed at the age of 33 during the lame duck. Judiciary matters. https://t.co/H4aacMsws7
— Sam Stein (@samstein) April 18, 2022
The mask mandate never made any sense in the first place.
And finally, a federal judge drove a stake through the heart of Biden’s tyrannical public transportation mask mandate.
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