CDC Requests DOJ Appeal Judge’s Ruling On Mask Mandate

The Centers for Disease Control and Prevention on Wednesday asked the Justice Department to appeal a federal judge’s ruling that lifted the CDC’s mask mandate for travel on public transportation.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1413784

Not just for being able to fight this ongoing pandemic, but for the next one and the next one and …

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“Wearing a mask cleans nothing,” Mizelle wrote. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

Pleae let Judge Mizelle enjoy many operations performed by unmasked surgeons and other medical personnel.

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This goes into a conservative appeals court, so despite the idea of the Center for Disease Control being able to take action to control disease is pretty obvious, there’s the chance that conservative judges will take this as the opportunity to junk the ability of the executive branch to do things. The administration has to appeal this though, the judge’s decision is a real stretch and shouldn’t be allowed to stand, plus a big decision like this should have been stayed awaiting an appeal…she put her politics above the law and her responsibility to make sure decisions are applied properly.

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Yet magically it saves lives
So there’s that.
Judge Mizelle has proven she is unfit for her present job. Practicing medicine while dispensing the law is a very bad idea.

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Seems to me that in this case, Trump appointed Federal Judge Mizelle is more than a bit “wet be hind the ears” to be rendering this kind of summary judgements. As I understand it she decided this case based solely upon written briefs. And it becomes very clear from her opinion that she has little understanding of the dynamics of communicable diseases, much less the scientific reasoning behind requiring masks be worn aspart of a broad strategy to quell a virulent epidemic.

The assessment of Mizelle by the ABA seems particularly appropriate, concluding that she is “Not Qualified” for this appointment, adding that, “Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel.” Further, while noting her “keen intellect, a strong work ethic and an impressive resume . . . These attributes… simply do not compensate for the short time she has actually practiced law and her lack of meaningful trial experience.”

In other words, she is an iconic Trump appointee.

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In her order issued Monday, Mizelle dedicates pages of writing to the definition of the term “sanitization” — and suggested the CDC’s purview was restricted to cleaning things.

“Wearing a mask cleans nothing,” Mizelle wrote. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

“Now bleach … that shit will sanitize you!” the Court’s Order continued.

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The bizarreness of having the rule rescinded while people were midflight in many cases and now probably having it reinstated a week later (possibly midflight again?) could annoy people who, like Judge Mizelle, lack the intellectual rigor to comprehend the societal benefits of masking during an airborne virus pandemic.

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It seems like the CDC was a little slow for their appeal request. The ruling by the fake judge was outrageous and needed a quick response. And recent surveys say that the majority of people think masks are still necessary .

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She needs way more practice at the law, never mind that medicine stuff; she’s clueless in that arena.

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Masks also would make it much more difficult for her server to spit in her food.

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Not to put too fine a point on it, but…ISN’T THAT THE WHOLE FREAKING IDEA!!!???

(I apologize to anyone who had to witness that distasteful rant on my part.)

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TY for taking the lead on this one.

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And they aren’t the “Centers for Disease Cleanliness” either. Disease Control will very obviously require the ability to set public policy on a national scale in order to achieve the goal set in the name of the department. Trapping virus droplets is controlling the spread of said “droplets.”

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Don’t expect much good to happen on appeal. The 11th Circuit is MAGA.

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31 years old when she took the bench. Somehow managed to clerk for four different federal judges between passing the bar and nomination, including clerking for Ginni Thomas’ spouse.

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If I understand the law suit, somewhat correctly, is that it was brought because a couple of people felt uncomfortable/anxiety wearing a mask while flying in an airplane. So what other options were available to these mask anxious folks? Say driving in a vehicle? Maybe walking to their destination?
Now that the mask mandate has been lifted what’s going to happen when the cabin crew start getting infected?

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Also, masks ARE still necessary. Polls on this topic as in so many other cases are worthless basically.
We live in such an idiotically proto fascist period decades in the making that for a judge to make such a ruling is beyond rationality. WHAT THE F__K.

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Oh so now we must just let it stand. As a health care professional, I am awed that more in this line of care don’t just walk out middle finger raised. I guess that’s the difference when we swear to do no harm and actually mean it.

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because a couple of people felt uncomfortable/anxiety wearing a mask while flying in an airplane

Interesting. I feel pretty f’ing anxious at the thought of flying my family to see my elderly parents with no mask mandate. Guess some citizen’s anxieties are more important than others.

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