US DISTRICT Judge Kathryn Kimball Mizelle struck down the federal mask mandate on public transportation on April 18, 2022.
Mizelle’s decision came after The White House extended the mask mandate until May 2.
Who is Judge Kathryn Kimball Mizelle?
Kathryn Kimball Mizelle was appointed by former President Donald Trump in mid-November 2020, after the presidential election.
Born in Lakeland, Florida, Mizelle, 35, received her undergraduate degree from Covenant College in 2009 and continued on to receive her law degree from the University of Florida Levin College of Law.
At the time that Trump appointed Mizelle as a federal judge, she only had eight years of experience, causing Democrats to contest her nomination to the position.
Federal judges are typically required to have a minimum of twelve years of experience prior to being nominated.
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Prior to her current position, Mizelle’s resume includes working as an associate at the Jones Day law firm in Washington, DC, three years working as a trial attorney for the Justice Department’s Tax Division, and working for one year as a special assistant US attorney for the Eastern District of Virginia.
However, despite her limited experience, she was elected to the position with 49 Republicans in approval and 41 Democrats voting against her.
The American Bar Association (ABA) gave Mizelle the “not qualified” ranking when she was nominated, and in a letter to the Judicial Committee, the ABA wrote, “Ms. Mizelle has a very keen intellect, a strong work ethic, and an impressive resume.
“She presents as a delightful person and she has many friends who support her nomination. Her integrity and demeanor are not in question.
“These attributes however simply do not compensate for the short time she has actually practiced law and her lack of meaningful trial experience.”
Mizelle responded to the ABA’s comments saying she did not “fully understand (the ABA’s) methodology or why they omitted discussion of my litigation as a federal prosecutor where I appeared and argued in federal district court.”
Speaking about her lack of experience, Mizelle told Sen Ted Cruz (R-TX) that if appointed, “I would work myself to figure it out, to learn it quickly. I would bring all of my energy and intensity to mastering the task at hand.”
What did she say about the extended mask mandate?
Mizelle struck down the federal mask mandate on April 18, claiming The White House’s decision was “unconstitutional.”
She overturned the mandate in a 59-page opinion piece stating the CDC had exceeded its authority.
The federal mask mandate on public transportation including planes, trains, and buses, was first put in place in February 2021 and has been extended several times.
The Biden administration extended the mandate which was set to expire on May 3.
Reuters reported the CDC said the extension to the mask mandate would “give it time to assess the potential impact of the rise of cases on severe disease, including hospitalizations and deaths, and healthcare system capacity.”
The extension continued despite a letter sent by various airline CEOs who asked for the mandate to be lifted.
In the letter, they questioned the reasoning for the mandate and wrote, “It makes no sense that people are still required to wear masks on airplanes, yet are allowed to congregate in crowded restaurants, schools and at sporting events without masks, despite none of these venues having the protective air filtration system that aircraft do.”
When Mizelle ruled against the mask mandate extension, the TSA dropped the requirements effective immediately, with many removing their masks mid-flight.
Videos were posted to social media of those on board cheering while smiling and waving their masks in the air.
Mizelle was praised by Republican Congressman Byron Donalds for her “courage” and “common sense” in striking down the federal mask mandate.
She was also praised by the chair of the American Conservative Union, Matt Schlapp, who tweeted, “God Bless Judge Kathryn Kimball Mizelle!”
Will the Biden Administration appeal Kathryn Kimball Mizelle’s ruling?
The Biden Administration said they would appeal Mizelle’s decision if the CDC still deemed the mask mandate necessary.
The Justice Department “continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health,” they said in a statement.
“That is an important authority the department will continue to work to preserve.”
Lawrence O. Gostin, an expert in public health law at Georgetown University, told The New York Times there are two problems the Biden Administration faces moving forward.
“You are in the position of having two horrible choices,” Gostin told the outlet. “One choice is to risk forever taking away CDC’s powers if this goes up to the 11th Circuit and ultimately the Supreme Court.
“And on the other hand,” he added, “if you let what I consider to be a lawless decision by this judge go forward, then CDC is going to be gun-shy about doing things that it deems effective for the protection of the American public.”
If the administration proceeds with the appeal, the process will go to the Supreme Court which has a 6-3 conservative majority and will risk being struck down again.
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At a press conference on April 20, White House Press Secretary, Jen Psaki said, “I would expect you’ll hear from the CDC very soon.
“… I think we can all expect they’re going to continue to want it. The Department of Justice is just waiting for that kind of final comment to take action.”
