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Title 42 order invalidates Biden’s airplane mask mandate

Family Research Council Action (FRC Action) argues in an ongoing lawsuit that President Joe Biden’s “authoritative” air travel mask mandate is “no longer warranted” due to the Centers for Disease Control and Prevention’s decision ( CDC) to rescind Title 42.

Title 42, first imposed by former President Donald Trump, grants broad authority that allows federal immigration officials to quickly return border crossings and illegal aliens to their home countries. The CDC announced on April 1 that Title 42 will end on May 23, though Biden officials have admitted that ending Title 42 would likely lead to a wave of border commuters and illegal aliens. The change in policy could result in 500,000 people arriving at the border every month, more than double current levels of illegal immigration.

Ken Blackwell, who heads both the FRC and the America First Policy Institute, said President Joe Biden has used the pandemic to try to “fundamentally transform America”.

“Biden and his leftist crew have used COVID as an excuse to push all kinds of high-handed mandates, trying to fundamentally transform America,” Blackwell told Breitbart News exclusively. “The Mask Mandate is one of those illegal excesses. We hope the courts will uphold the rule of law by putting an end to this senseless and unreasonable power grab. »

FRC Action’s warning about the CDC’s blatant attempt to allow commuters to cross the national border unimpeded is part of a larger lawsuit against Biden and various other health and transportation agencies. Law firm Powerhouse DC Schaerr-Jaffe filed a lawsuit on March 23 in the Northern District of Texas, arguing that Biden’s mask mandate for air travel violates the Administrative Procedure Act (APA) because it is “arbitrary and capricious” and not backed by science. The term was set to expire on March 18, but the Biden administration extended it until April 18 without providing an updated scientific rationale for doing so — and without a promise that it would no longer extend the term.

The complaint alleges that there is “no significant link between the wearing of masks and the slowing of the spread of COVID-19”, and notes that commercial airline air is among the “cleanest and most safe from all environments on earth”. The filing also points to a “growing scientific literature” documenting the harms of mask-wearing, especially for children.

But in a more recent brief filed April 4, the law firm argues that the CDC’s rollback of Title 42 further invalidates the already “arbitrary and capricious” mask mandate. The brief reads as follows:

But if the latest science says that COVID-19 has become such a minor public health issue that Title 42 protections to prevent those entering the country from mingling with the American public are no longer warranted, then this science supports the conclusion that the Mask Mandate is, at least currently, arbitrary and capricious.

The brief lists several scientific discrepancies between Biden’s mask mandate and the CDC’s reasoning for overriding Title 42 protections as evidence that the Biden administration failed to enforce its mask mandate based on science.

The memoir reads in part:

The opening paragraph of the CDC’s April 1 decision makes clear, at a minimum, the arbitrariness of keeping the mask mandate in effect now: “Based on the public health landscape, the current state of the of the COVID-19 pandemic and the procedures in place for processing covered non-citizens, given the inherent risks of SARSCoV-2 transmission in places of assembly, the CDC has determined that a suspension of the right to introduce such non-citizens – Covered Citizens is no longer required to protect US citizens, US nationals, lawful permanent residents, staff and non-nationals”.

The brief points out that the CDC’s order ending Title 42 protections lists natural immunity as an “important factor” in preventing the spread of COVID-19 — and yet Biden’s air travel mask mandate did not. no exceptions for Americans who have natural immunity to a previous infection.

“The failure to consider and incorporate natural immunity into the mask mandate was a failure to consider an important aspect of the problem, and was therefore arbitrary and capricious,” the brief states.

The Title 42 decision also pointed to high rates of public vaccination as a reason to reduce protections. This reasoning was also not included in the overall mandate of Biden’s air travel mask, the brief continues, concluding:

In short, the mask mandate was already arbitrary and capricious before March 18, 2022. It became even more so when defendants extended it to April 18, 2022. Now, with this Title 42 termination announcement, it is simply ridiculous to say that the Mask Mandate should continue for another day. Instead of adapting as new evidence emerged, defendants doubled down with policy statements that are “conclusive, unsubstantiated, and therefore wholly insufficient.”

FRC Action asks District Judge Reed O’Connor to grant a temporary restraining order (TRO) or preliminary injunction against Biden’s mask mandate for air travel before April 16, when one of the plaintiffs , Texas State Representative Matthew Krause (R), is expected to fly. The brief alleges that members of FRC Action (of which Krause is a member) will suffer irreparable harm if they have to comply with Biden’s air travel mask mandate due to the cost incurred in purchasing face masks and being compelled to comply with a mandate not rooted in reason and respect for scientific facts.

Judge O’Connor ordered the Department of Justice (DOJ) to file an opposing brief by April 12. FRC Action must respond by April 15, potentially setting the stage for O’Connor to rule before Biden’s air travel mask warrant expires.

The deal is Family Research Council Action Inc. v. Biden, No. 4:22-cv-209 in the United States District Court for the Northern District of Texas.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on Twitter.

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