Tuesday, April 26, 2022

Opinion Today: There’s a serious issue with this judge’s mask mandate decision

No matter how you feel about masks, you should be alarmed.

By Chris Conway

Senior Staff Editor, Opinion

When a judge ended the federal government's mask requirement last week on planes, trains, buses and other public transportation, the reactions ranged from joy to apprehension.

One airline traveler told The New York Times he was tired of wearing a mask. "I just wish the whole thing would go away," he said. But an infectious disease epidemiologist, pointing to rising cases, called the ruling "very, very concerning" for people traveling in these enclosed spaces and those they meet later.

What is also worrisome is what the ruling could mean down the road, should a new and deadly variant arise, or another virus altogether become unleashed. (Some 990,000 people have died from the coronavirus in the United States and 6.2 million worldwide.)

That was the point made by two legal experts in a guest essay this week. The writers, Lawrence Gostin, a professor of global health law at Georgetown Law, and Duncan Hosie, a writer and civil rights lawyer, argue that "the ruling could prevent the federal government from effectively and nimbly responding to future pandemics."

Moreover, they write, "long after this pandemic has faded," the judge's "approach and rationale could undermine the federal government's authority to confront other big problems, from occupational health and safety to climate change."

They see the decision by Kathryn Kimball Mizelle, a judge appointed to the Federal District Court in Florida by former President Donald Trump, as part of a larger effort by conservative judges nationwide to rein in federal administrative agencies. Experts in those operations, working under the direction of Congress, write many of the rules that govern our lives.

If Judge Mizelle's ruling is upheld, Gostin and Hosie warn, "the C.D.C. will be seriously hobbled and a ruinous precedent will be set for the entire federal regulatory apparatus."

Which is why they write that even if you're completely fed up with masking up, you should be distressed about Judge Mizelle's decision.

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