US federal judge strikes down mask mandate for airplanes and public transit

US district judge Kathryn Kimball Mizelle, in Tampa, judged the rule as exceeding the authority of US health officials in the coronavirus pandemic.

She added that the Centers for Disease Control and Prevention (CDC) failed to justify its decision and did not follow proper rule-making.

In her 59-page ruling, Mizelle said the only remedy was to vacate the rule entirely because it would be impossible to end it for the limited group who objected to it in the lawsuit.

The Department of Justice declined to comment Monday when asked if the government planned to appeal the ruling.

The CDC recently extended the transportation mask mandate, which was set to expire 3 May, to allow more time to study the Covid-19 BA.2 Omicron subvariant that is now responsible for the vast majority of US cases.

Well-fitted, high-quality masks help control Covid-19 transmission by preventing people from spreading virus-laden droplets or inhaling those expelled by others.

The lawsuit was filed in July 2021 by two plaintiffs and the Health Freedom Defense Fund, a group that has initiated lawsuits against vaccine and mask mandates in several school districts and municipalities.

Both airlines and Republican members of Congress sought to kill mask mandates on public transportation. Airlines argued air filtration on modern planes made Covid-19 transmission unlikely.

Airplanes have also been the scene of a number of violent incidents during the pandemic. Most have been attributed to disputes touched off by mask-wearing requirements.

Meanwhile, Republican critics seized on the fact that cases dropped sharply after Omicron cases peaked in January, and states have since rolled back mask requirements in stores, restaurants and other indoor settings. That made requirements in travel hubs such as airports inconsistent, Republicans said.

Since the beginning of April, cases have increased slightly but hospitalizations have remained steady. About 82% of all people older than five have received a Covid-19 vaccine dose, according to the CDC.