AG Mark Brnovich is joining a lawsuit against the Centers for Disease Control and Prevention (CDC) for the mask mandate for public travel despite court rulings that it is violating the law. The attorneys general want to eradicate the unlawful mask mandate and obtain a permanent injunction against enforcement.
“This lingering mask mandate is another sad example of government that is out-of-line and out-of-touch,” stated Brnovich in a press release. “It’s time to relieve American families of this unconstitutional, ineffective, and ridiculously burdensome policy.”
In 2021, the CDC issued a mandate that requires every person over the age of two to wear masks on public transportation and while at transportation hubs (such as airports and train stations). Violation of the mandate carries criminal penalties, and even a day-care operator who does not forcibly mask toddlers while traveling on buses or vans would be committing a criminal act.
According to the press release, the Attorneys General argue that this mandate exceeds the CDC’s statutory authority under 42 U.S.C. § 264(a), which does not authorize this type of economy-wide measure. The mandate also violates the Administrative Procedure Act (APA) by failing to consider lesser alternatives and not following the APA’s notice and comment requirements. Finally, the mandate creates new legal requirements with criminal consequences, essentially giving the CDC police power with no oversight.
The 21-state coalition consists of Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia.
