When U.S. District Judge Kathryn Kimball Mizelle tossed out the federal government's transportation mask mandate on Monday, she relied in part on her interpretation of the term 'sanitation':
Airline passengers, some not wearing face masks following the end of the federal mask mandate, sit during a American Airlines flight operated by SkyWest Airlines from Los Angeles International Airport to Denver, on Tuesday. tossed out the federal government's transportation mask mandate on Monday, she relied in part on her interpretation of the term"sanitation."that gave the federal government certain powers to respond to public health emergencies.
The administration argued that masks qualified as"sanitation" under the law, but Mizelle disagreed, opting for a much narrower definition of the term that would exclude measures like face coverings. Legal experts say her interpretation missed the mark. "Wearing a mask cleans nothing. At most, it traps virus droplets," Mizelle wrote."But it neither 'sanitizes' the person wearing the mask nor 'sanitizes' the conveyances."
"Sanitation was just the old way in public health parlance of taking traditional public health steps to prevent the spread of disease," she said., which came roughly two and a half decades before the passage of the Public Health Service Act. "If this particular type of opinion took on greater precedential value as it rises up through the court system, if that happens, it's big trouble for CDC down the road," said James Hodge, a law professor at Arizona State University.known as"agency deference" that compels judges to yield to the interpretation of federal agencies when a law's language is unclear.
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