A 35 year old Trump appointed federal judge cut through the CDC power play and has become a hero to those who prize personal liberty.

FNC: “A federal judge on Monday voided the Biden administration’s mask mandate for travelers using public transportation such as trains and airplanes. The mandate from the Centers for Disease Control and Prevention applies to people as young as 2 years old, and had been set to expire a number of times but was recently extended to May 3 before Monday’s ruling.

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The ruling from U.S. District Court Judge Kathryn Kimball Mizelle, came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC’s authority, was ‘arbitrary’ and ‘capricious’ and did not go through the required notice and comment period for federal rulemaking.”

God bless the Honorable Kathryn Kimball Mizelle who struck down the federal mask mandate today! A patriot! 🇺🇸 pic.twitter.com/rgu5Q1LKvo

— Jack Posobiec ☦️ (@JackPosobiec) April 18, 2022

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The judge reviewed the section of the Public Health Services Act of 1944 that was the reasoning for the mask mandate. That measure allows the CDC “to make and enforce such regulations” deemed “necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States[.]” To achieve this goal, the law states that CDC can utilize “inspection, fumigation disinfection sanitation, pest extermination, destruction of animals or articles found to be so infect or contaminated as to be sources of dangerous infection to human beings, and other measures[.]” The administration, the judge noted, has claimed that the mask mandate falls under “sanitation.” Ridiculous.

“The context of [the statute] indicates that ‘sanitation’ and ‘other measures’ refer to measures that clean something, not ones that keep something clean,” Mizelle wrote. “Wearing a mask cleans nothing.”

“A court may not rest on Chevron to avoid rigorous statutory analysis,” Mizelle wrote, noting that the law in question “is not ambiguous.” The judge referenced the 1984 case of Chevron, U.S.A. v. Natural Resources Defense Council. Chevron only applies when “the devices of judicial construction have been tried and found to yield no clear sense of congressional intent.”

“The CDC’s failure to explain its reasoning is particularly problematic here. At the time when the CDC issued the Mandate, the COVID-19 pandemic had been ongoing for almost a year and COVID-19 case numbers were decreasing,” Mizelle wrote. “This timing undercuts the CDC’s suggestion that its action was so urgent that a thirty-day comment period was contrary to the public interest.”