The Supreme Court upheld a ruling Monday that will allow the Transportation Security Administration (TSA) to mandate mask-wearing during public health emergencies.
The U.S. Court of Appeals for the D.C. Circuit had ruled that the TSA had the authority to mandate masks under its duties to maintain security and safety on modes of transportation. The Supreme Court let that ruling stand, rejecting a challenge from California lawyer Jonathan Corbett, who argued the TSA was overstepping its power.
The US Supreme Court let stand a ruling that said the TSA could require airline passengers to wear masks during the height of the pandemic https://t.co/hYFbCKf8N2
— Bloomberg (@business) October 31, 2022
Corbett made the case that the D.C. Circuit Court allowed for a “broad expansion” of the TSA’s power beyond what was legally justified.
A federal judge in Florida struck down the Centers for Disease Control and Prevention’s (CDC) transportation mask mandate in April, resulting in the TSA no longer enforcing the mandate on planes and trains. The Biden administration had vowed to push back on the judge’s decision, with Dr. Anthony Fauci infamously stating the courts should stay out of public health issues, but the mask mandate has not since been revived. (RELATED: Fauci Admits Fight Over Travel Mask Mandate Is All About Hoarding Power)
Aircraft were always one of the safest indoor environments during the COVID-19 pandemic due to the advanced air filtration systems, leading many to question the scientific justification for the CDC and TSA mandate to begin with.