Reps. Andy Biggs and Paul Gosar have joined 15 other colleagues in a lawsuit against the Centers for Disease Control and Prevention (CDC). The lawsuit, Massie et al v. Centers for Disease Control and Prevention, seeks to end the CDC’s mask mandate for individuals traveling on commercial airlines. Reports indicate the Biden Administration is extending the CDC’s mask mandate until April 18.
Massie et al. v. Centers for Disease Control and Prevention was filed in the United States District Court for the Western District of Kentucky. The named defendants are Centers for Disease Control and Prevention, Rochelle P. Walensky in her official capacity as Director of the CDC, and Sherri A. Berger in her official capacity as Chief of Staff of the CDC.
The lawsuit contains two primary claims:
- Second, even if Congress had granted the CDC the authority to promulgate the mask mandate, the granting of this authority would violate a principle known as the “non-delegation doctrine.”
The co-plaintiffs are asking a federal court to declare that “the mask mandate is beyond the CDC’s statutory authority or is unconstitutional.” The plaintiffs are also seeking an injunction that prohibits the CDC, or anyone acting on the CDC’s behalf, from enforcing the mask mandate.
Rep. Thomas Massie argued that the CDC doesn’t have the authority to force people to wear masks on airplanes because Congress never passed a law requiring it.
“The Centers for Disease Control and Prevention does not have the legal authority to force people traveling on commercial airlines to wear masks,” stated Massie. “Congress never passed a law requiring masks on commercial flights. This lawsuit targets the faceless bureaucrats who are behind the CDC’s unscientific regulation so that this illegal mask mandate can be brought to a permanent end.”
Rep. Biggs stated on Twitter, “I’m joining @RepThomasMassie and fifteen other lawmakers in a lawsuit against the CDC. We intend to end the CDC’s illegal mask mandate for individuals traveling on commercial airlines. The mandate does not protect public health and is beyond the agency’s statutory authority.”
“Government bureaucrats desperate for relevancy are waging a war against everyday American citizens and their constitutional freedoms,” stated Rep. Barry Moore. “The unscientific mask mandate for commercial air travel should be ended immediately, and I am proud to join my friend Rep. Massie in this lawsuit to end this charade permanently.”
Additional plaintiffs for the lawsuit include Reps. Thomas Massie, Rand Paul, Dan Bishop, Lauren Boebert, Andrew Clyde, Warren Davidson, Bob Good, Marjorie Taylor Greene, Brian Mast, Alex Mooney, Ralph Norman, Bill Posey, Matt Rosendale, and Chip Roy.
