The federal government requires mask-wearing on planes, not because planes are the place where Covid-19 is most likely to spread, but because it’s where they have the strongest claim to a legal basis along with other interstate transportation.
But the federal mask mandate is legally questionable. It relies on a similar stretch of CDC statutory authority as the federal eviction moratorium which the Supreme Court struck down. However if the mask mandate isn’t extended past January 18, 2022 I’ve expected that the rule will simply lapse before it’s finally adjudicated in the challenges currently facing it (which are, as far as I’m aware, proceeding pro se).
And my bet has been that as low as we’re not seeing a major spike in Covid-19 cases before the Christmas holidays, that the rule will be allowed to sunset. If it’s extended, it might be for another six months. The Biden administration, though, will want to ‘declare victory’ on the virus before midterm elections one year from now.
One of the people challenging the legality of the federal mask mandate is Michael Faris, and he’s filed a motion with the 6th Circuit Court of Appeals seeking to be removed from a government terrorism watchlist he was placed on after seeking to litigate the mask requirement.https://viewfromthewing.com/he-challenged-the-federal-mask-mandate-they-put-him-on-a-terrorist-watch-list/
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