WASHINGTON, D.C. — Rep. Warren Davidson (R-OH) and 15 of his colleagues joined in a lawsuit led by Rep. Thomas Massie (R-KY) against the Facilities for Illness Management and Avoidance (CDC). The lawsuit, Massie et al v. Centers for Disorder Management and Avoidance, seeks to close the CDC’s unlawful mask mandate for individuals traveling on commercial airlines. Massie’s lawsuit usually takes on more importance in the face of information reports indicating the Biden Administration is extending the CDC’s mask mandate right until April 18.
“The Facilities for Disease Handle and Prevention does not have the legal authority to drive persons traveling on industrial airways to have on masks,” stated Rep. Massie. “Congress hardly ever handed a legislation requiring masks on professional flights. This lawsuit targets the faceless bureaucrats who are driving the CDC’s unscientific regulation so that this unlawful mask mandate can be brought to a long-lasting finish.”
Massie et al v. Centers for Ailment Management and Prevention is made up of two primary promises:
First, none of the statutes or polices cited by the CDC for the authority to mandate that people today use masks on professional airways, conveyances, and at transportation hubs, permit the CDC to employ or enforce this mandate.
2nd, even if Congress had granted the CDC the authority to promulgate the mask mandate, the granting of this authority would violate a theory identified as the “non-delegation doctrine.”
Rep. Massie and his co-plaintiffs are asking a federal court docket to declare that “the mask mandate is past the CDC’s statutory authority or is unconstitutional.” Further more, the plaintiffs look for an injunction that prohibits the CDC, or any individual acting on the CDC’s behalf, from imposing the mask mandate.
“Americans are fed up with political actions joined to public overall health and deserve representation that will just take motion to deliver these unconstitutional mask mandates to an conclusion,” claimed Rep. Davidson. “The CDC lacks the authorized authority to make regulation, it hasn’t utilized rule-creating reliable with the Administrative Processes Act, and shouldn’t be equipped to use coercion to compel airways or TSA to implement its mandates.”
“The CDC’s mask mandate does not guard general public health and fitness and is outside of the agency’s statutory authority,” mentioned Rep. Andy Biggs. “That’s why almost a 12 months in the past I released H.R.4441 – Journey Mask Mandate Repeal Act of 2021 that repealed mask mandates on community transportation. CDC’s tyrannical bureaucrats have to be held accountable for placing anti-science limits on persons who have confronted hardship for some time now. Mask mandates are previous information, and are only becoming kept in spot by these who relish controlling our working day-to-day life.”
“From asthmatic toddlers to elderly grandmothers, hundreds of thousands of People in america have been subject matter to Joe Biden’s mask mandate on planes, even although liberal politicians fly maskless on their personal jets,” explained Rep. Brian Mast. “The CDC’s refusal to enable go of the electrical power and finish this unscientific, massive authorities edict has compelled us to take action. I’m confident that the judicial program will see this for what it is: an unconstitutional overreach that by no means need to have been permitted in the first location.”
“The CDC has forced Americans to wear masks on commercial flights for two several years without authorized standing. A mandate is not legislation, and Congress hardly ever passed legislation codifying the CDC’s mask donning calls for,” explained Rep. Matt Rosendale. “It is unconstitutional for the Director of the CDC to suppress the freedoms of the American people in these a way, and political stress to command the fearmongering narrative of COVID-19 demands to conclude.”
“From the get started of the pandemic, the CDC has issued arbitrary and openly politicized direction that was not approved by Congress,” claimed Rep. Chip Roy. “Never was this a lot more clear than at the Condition of the Union in which attendees have been told they could go mask-considerably less just times just before the CDC renewed its mask mandate on community transportation. It’s time to conclude the concern-pushed tyranny. I am proud to be a part of my superior close friend Rep. Thomas Massie in this lawsuit.”
Massie et al v. Centers for Sickness Manage and Avoidance was filed in the United States District Court docket for the Western District of Kentucky. The named defendants are Centers for Sickness Manage and Prevention, Rochelle P. Walensky in her official capacity as Director of the CDC, and Sherri A. Berger in her official capacity as Main of Team of the CDC.