The decision by U.S. District Judge Kathryn Kimball Mizelle in Tampa on Monday also stated that the Centers for Disease Control and Prevention failed to justify its decision and did not follow proper rule-making procedures.
“The Court concludes that the Mask Mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking under the [Administrative Procedure Act],” Mizelle wrote in her ruling. “Accordingly, the Court vacates the Mandate and remands it to the CDC.”
— David Mack (@davidmackau) April 18, 2022
The decision comes less than a week after the CDC decided to extend the mandate for 15 days due to an increase in Covid infections across the country caused by the more contagious omicron BA.2 subvariant.
President Joe Biden’s administration recently extended the mask mandate until May 3.