Date Filed: February 16, 2022
Original Court: U.S. District Court for the Northern District of Texas
Case Status: Victory
On President Biden’s first full day in office, he signed an executive order mandating that travelers wear a mask when traveling on all forms of public transportation. The Centers for Disease Control and Prevention (CDC) implemented this mandate, requiring masks in airports and on airplanes. Yet Congress has never given the CDC authority to mandate blanket preventative measures against people that may or may not carry infectious disease.
Congresswoman Beth Van Duyne and the State of Texas sued to end this mandate. The suit argues that the CDC’s mandate exceeded its statutory authority and violated the Constitution’s separation of powers. Two months after CAF filed this lawsuit, a federal court in Florida struck down the mask mandate on similar grounds. After its loss in that court, the federal government finally ended the mask mandate.
Case Documents:
Plaintiffs’ Motion for Preliminary Injunction
Defendants’ Opposition to Motion for Preliminary Injunction
Plaintiffs’ Reply in Support of Motion for Preliminary Injunction