First of all, where does the CDC get the stutory authority to make this proclamation, which seems more a function of the Legislative Branch? Second, this pretty much being done in the 31 states, D.C., and Puerto Rico already. Will the other states declare their 10th Amendment Rights, at least at it applies to non-federal travel?
CDC orders sweeping U.S. transportation mask mandate as COVID-19 rages
The U.S. Centers for Disease Control and Prevention (CDC) issued a sweeping order late Friday requiring the use of face masks on nearly all forms of public transportation Monday as the country continues to report thousands of daily COVID-19 deaths.
The order, which takes effect at 11:59 p.m. EST on Monday (0459 GMT Tuesday), requires face masks to be worn by all travelers on airplanes, ships, trains, subways, buses, taxis, and ride-shares and at transportation hubs like airports, bus or ferry terminals, train and subway stations and seaports.
President Joe Biden on Jan. 21 ordered government agencies to “immediately take action” to require masks in airports and on commercial aircraft, trains and public maritime vessels, including ferries, intercity bus services and all public transportation.
Under Donald Trump, who was president until Jan. 20, a CDC push to mandate masks in transit was blocked and the agency instead only issued strong recommendations for mask use. Trump also rejected efforts by Congress to mandate mask use.
“Requiring masks on our transportation systems will protect Americans and provide confidence that we can once again travel safely even during this pandemic,” said the 11-page order signed by Marty Cetron, director for CDC’s Division of Global Migration and Quarantine.
Being that mask mandates have been in place since around Memorial Day, if not earlier, yet COVID infections actually surged after that, what does the science say about wearing masks? Here’s where it gets a little funky
While airlines and most transit modes already require masks, the CDC order will make not wearing a mask a violation of federal law that could make it easier for flight attendants and others to enforce.
A U.S. airline group told Biden this month that carriers had had to bar “thousands of passengers” from future flights for failing to comply with airline mask policies.
The CDC said people violating the order could potentially face criminal penalties but suggested civil penalties would be more likely if needed. The order will be enforced by the Transportation Security Administration and federal, state and local agencies.
I’ve looked through about 15 other articles, as well as the CDC website, in an attempt to find out just what those federal penalties would be, but, to no avail. Any penalties would seem a serious Executive Office overreach, and possibly unconstitutional without legislation from the Legislative Branch.
The CDC said this week it was “actively looking” at requiring negative COVID-19 tests for domestic air travel after mandating it for nearly all international travel effective Jan. 26. The prospects of domestic COVID-19 testing drew strong opposition Friday from airlines and other groups.
And then they will require negative tests for more and more. They will find a way to keep you peons locked down.
William Teach: where does the CDC get the stutory authority to make this proclamation, which seems more a function of the Legislative Branch?
42 U.S. Code § 264 – Regulations to control communicable diseases
https://www.cdc.gov/quarantine/specificlawsregulations.html
Nothing in there about intrastate, only between states/foreign nations, and nothing about fining people.
But, good catch, because I was looking for something that offered authority, wasn’t finding it.
William Teach: Nothing in there about intrastate, only between states/foreign nations,
Infectious diseases do not respect state boundaries. Courts have generally upheld broad powers for the federal government during pandemics.
William Teach: and nothing about fining people.
https://www.govinfo.gov/content/pkg/USCODE-2011-title42/html/USCODE-2011-title42-chap6A-subchapII-partG-sec271.htm
Don’t worry, it’s all based on science…. https://i1.wp.com/www.powerlineblog.com/ed-assets/2021/01/Screen-Shot-2021-01-26-at-10.47.22-AM.png?w=1204&ssl=1