Press "Enter" to skip to content

Opinion: Another activist Trump judge strikes, this time at the mask mandate

Kathryn Kimball Mizelle of Tampa ruled that the Biden administration lacked the authority to impose the mask rule. Ruben Navarrette: Maybe it’s time to end the mask mandate for airplanes, trains and public transport. He says that decision should be made by federal policymakers, not by a single district court judge. Navarro: A mask requirement falls comfortably within the language of a rule necessary to prevent the spread of communicable disease. It falls within the meaning of ‘sanitation,” he says. Navarquist: Another day, another activist Trump judge legislating from the bench. He says it's prudent to keep it in place, but it's time for policymakers to make a decision by policymakers not to make it in its place.

Judge Mizelle declared the law “not ambiguous” and the CDC’s interpretation ‘not reasonable” David Frum: This is advocacy masquerading as lawgiving. He says she erred by not waiting the ordinary 30 days to receive comments on the proposal. Frum says she's taking a kitchen sink approach to defending her ruling, but it isn't a good idea for judges ruling on a case, especially an important one.