USA: COVID: I Read The Mask Mandate Court Decision So You Don’t Have To – By Lucian K. Truscott IV

This is why “conservatives” have wanted to control the judiciary

KN95 Mask

Lucian K. Truscott IV 

I had to take two ibuprofen followed quickly by two naproxen sodium for the headache that set in only three pages into the decision by the federal court judge striking down the CDC’s public transportation mask mandate, and still there is a spot between and just above my eyes that feels like somebody drove a nail into it.

Here is the problem, if you want to boil a 59-page decision full of them into just one:  The Judge, a Trump appointee only eight years out of law school named Kathryn Kimball Mizelle, is myopic.

Presented with a case involving a regulation written by the Center for Disease Control and Prevention, the judge manages to spell out the full name of the federal agency in the suit only once, in the first paragraph of the decision, and then she proceeds to treat the case like she’s dealing with the department of sanitation.           

It is as if the words “disease”, “control”, and “prevention” cease to exist.  She proceeds to refer repeatedly to the CDC completely shorn of the meaning of its formal title.  After acknowledging that “a virus colloquially known as COVID-19 began spreading through the world,” and “the Secretary of Health and Human Services declared COVID-19 a public health emergency”, she treats the existence of this disease that is on its way to killing one million Americans like it’s a nuisance getting in the way of the opportunity given her to slap down one of those awful regulations she heard so much about while attending fund-raisers for the Federalist Society.

The authority for requiring travelers to wear masks on airplanes, buses, trains and other forms of public conveyance including Ubers and cabs rests on the Public Health Services Act of 1944 which authorizes the CDC to “prevent the introduction, transmission, or spread of communicable diseases”.

To enforce its regulations, the CDC “may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as…may be necessary.” 

Those are the words of the law, and they are the words the judge then spends the next 50 pages of the decision attacking as if their purpose could be and should be entirely ignored.  The purpose of the law, of course, is to prevent the spread of “communicable diseases,” of which COVID-19 is undeniably one.  But forget the purpose of the law.  Forget the legal, moral, and medical necessity to protect human beings from becoming infected with the virus.  What’s important to this federal judge who once clerked for Justice Clarence Thomas on the Supreme Court is finding a way to slap down this terrible federal regulation which she naturally gets around to finding, at one point in the decision, interferes with the authority of states to regulate the spread of disease within their own borders.

A “border” is an imaginary line on the ground.  Unless you saw those big signs along the interstate announcing “Welcome to New Jersey” or whatever state you’re about to enter, you wouldn’t know you had crossed a state border anywhere in this country.  It is as if, say, having a disease in Mississippi is entirely discrete from having a disease in Alabama or Louisiana, both states bordering on the Magnolia State.

The word which takes up about 20 pages of the decision is “sanitation”, found in the statute authorizing the CDC to prevent the spread of disease.  It’s not good enough, according to Judge Mizelle, because “Sanitation is Limited to Cleaning Measures”, as she titles an entire five page section of her decision, before she insures she’s made her point by titling the next five-page section, “Sanitation is Limited to Property”, because, see, the CDC can’t require people to wear masks because masks don’t “clean” anything, and the people the law requires to wear them aren’t “property”.

Are you with me, so far?  Good, because it gets worse.  The CDC can’t make people wear masks because all the Public Health Services Act of 1944 did was authorize cleaning stuff and exterminating pests and destroying animals.

Ooops…the act also authorized the CDC to take “other measures” to prevent the spread of disease, but according to this legal genius, wearing masks is not within the authority of the CDC to mandate because – get this – the words “other measures” do not immediately follow the word “sanitation”.

Get that?  It would be okay to require masks if the words in the statute had been arranged differently.  The intention of the Congress that wrote the law – could it have been to “prevent” disease? – well, there’s no need to deal with such bothersome details, according to the judge.

The mask mandate – wait for it – was found to be “arbitrary and capricious” and thus illegal because “the CDC failed to adequately explain its reasoning”.  As in…uh…the Centers for Disease Control and Prevention was attempting to…uh…prevent the spread of a deadly disease, one would think.

But not Judge Mizelle. Nit-picking would be a reasonable way to describe the mind at work in this decision, but that would be unkind to nits.

The whole way through this abomination of “legal” reasoning, I kept thinking of the masked face of the doctor looking down at me as the anesthesia took hold at Cedars Sinai in Los Angeles in 1999.  He was the guy who invented the fusion he did on my L4 and L5 vertebrae using screws and other metallic devices to hold the vertebrae in place.  It was a complicated operation that took seven hours and involved opening up my abdomen and moving aside my small and large intestines so he could gain access to my spinal column from the front, as it were.

As a medical procedure in a hospital, it came under the purview of the Department of Health and Human Services, of which the CDC is a part.  Reading this “decision”, I thought, what if some judge had decided that the “sanitation” required to prevent the spread of disease within an operating room was limited only to “cleaning measures” like making a surgeon wash his hands.  Surgeons might then be free to wear street clothes to operate on someone, free to skip wearing a mask because a mask doesn’t “clean” anything.  Since the operation took so long, maybe he could have relaxed with a cigar…

See where I’m going with this?  There is such a thing as practical measures like wearing a mask so you don’t spit into the wide open intestinal cavity of a patient like, say, me.  Or breathe microscopic particles of an infectious agent like a common cold or a flu or even COVID-19 on a nearby human being like, say, me.

This jewel from the crown of the Heritage Society was so horrified by the powers of the government, she went so far as to warn that if the mask mandate was allowed to stand, “the power to improve ‘sanitation’ would easily extend to requiring vaccinations against COVID-19, the seasonal flu, or other diseases.” 

Being required to wear a mask so you don’t infect, or be infected by, the person next to you on an airplane, and then possibly carry that infection to others and infect them …. With nearly a million dead – The horror that such a rule should stand!

EDITOR’s NOTE: What do you think about this legal ruling…. should masks be mandatory… and for how long?  Please Comment

Post a comment or leave a trackback: Trackback URL.

Comments

  • Clyde Duncan  On 04/22/2022 at 2:49 am

    During the Senate confirmation process for Kathryn Kimball Mizelle, the American Bar Association (ABA) said she was not qualified for the position because she had not been practicing law for long enough.

    The ABA recommends that nominees for federal judgeships have at least 12 years of experience practicing law — whereas Mizelle was nominated for her current position only EIGHT YEARS after passing the bar.

    In a letter to the leaders of the Senate Judiciary Committee, the head of the ABA Standing Committee on the Federal Judiciary said that a majority of his group had deemed that Mizelle did “not meet the requisite minimum standard of experience necessary to perform the responsibilities required by the high office of a federal trial judge.”

    “Since her admission to the bar Ms. Mizelle has NOT tried a case, civil or criminal, as lead or co-counsel,” the ABA said, She did, however, have four federal clerkships, spend 10 months at a law firm and “approximately three years in government practice,” which the ABA said equates to FIVE YEARS of trial court experience.

    The ABA said her integrity and demeanor were not in question and complimented her keen intellect, strong work ethic and impressive resume.

    “These attributes however simply do not compensate for the short time she has actually practiced law and her lack of meaningful trial experience,” it added.

    The conference specifically opposed Mizelle’s confirmation because of her lack of legal experience, as well as her involvement in civil rights cases in the Trump Justice Department and what it called her “extreme right-wing ideology.”

    Many critics of Mizelle’s mask ruling turned to Twitter to note her lack of experience and conservative views.

    In addition to the foregoing, I am particularly incensed by the fact that she was a law clerk for another useless piece-of-work – Justice Clarence Thomas – I told my friends one day that he is an evil white man with a black face – a useless piece of work on the U.S. Supreme Court bench.

    Regarding the question about wearing masks – Why is it necessary to legislate common sense? Wear one if you want to …. Let the other guy look after their own health!!

    • Brother Man  On 04/22/2022 at 6:42 am

      Regardless of whether the Florida judge is qualified or not, or whether she practiced law long enough or not, it was the right decision!

      The irony is, the ones who are apparently qualified, the medical alarmists, are desperately trying to scare people about how rapidly new variants are spreading.

      So what? The virus is not as lethal as they would have you believe. Most people have been in infected without knowing it, the asymtomatic type.

      How much longer must the world continue to wear masks? It’s damn well time to move on! For those who want to chase their shadows forever, go ahead!

  • Peggy  On 04/22/2022 at 9:43 am

    I love the response by “Brother Man” so no need to regurgitate same. Way to go.

  • Clyde Duncan  On 04/22/2022 at 9:51 am

    Gonsalves wrote:

    A sick nation, masks will not help them.

  • Clyde Duncan  On 04/22/2022 at 9:53 am

    Sandiford wrote:

    My Family and I will wear our masks and travel privately for the foreseeable future.

  • Chris Prashad  On 04/22/2022 at 10:02 am

    Another deep state shill trying to make a case for his masters mandate on the wearing of masks…. where are the the real scientific facts and evidences that proved the wearing of masks prevent the spread of any viruse????
    Furthermore, the CDC is not a Government Agency established as a watchdog group of protecting our citizens from any disease. They are in it for the money. Our taxpayers money!
    They serve the interests of the deep state psychopaths and parasites who would rather have us all dead because to them …. we are useless eaters!
    The Georgia guide stones clearly spit out their intentions in our faces and yet, those with eyes to see are blind to this.
    These psychopaths are getting very desperate now but we will not allow them to succeed.
    Anyone who is bent on committing crimes against humanity will be dealt with accordingly by the Lifeforce Enforcement Teams and the Enforcement Teams of the Universal Council. No one can ever stop what is going to happen to these parasites. They have been warned several times before. Now it’s time for action.
    They will try to create many false flags scares everywhere but they will regret messing with these off world entities here to protect us from these psychopaths.
    Go ahead! Call me what ever the heck you want but you shall be in for a very rude awakening…

    • Maureen Wickham uk  On 04/22/2022 at 11:32 am

      I have never had covid , nor has my family. The ones who died had serious health problems. Ok if you get it and you recover but why would you take that chance ? It is indeed ignorant people think why bother .that’s fine but I wear mask to protect myself .I wouldn’t entertain foolish people who go in and out of each other house .no one has come to my house.ifbthey want they can talk to me on the road but you can’t come in.

      • Chris Prashad  On 04/22/2022 at 12:01 pm

        Your body = your choice.
        I refused the jabs and refused to wear any mask like clowns in a circus. Covid is a biological weapon created by evil psychopaths and parasites calling themselves the elites who think that we are useless eaters. So they develop ways and means to try to achieve their goals for their depopulation agenda.
        The foolish and ignorant people you refer to are the ones who willingly lined up to take the jabs without their diligent research and informed consent, and rights to compensation. They are the ones shedding the various mutations of viruses and then try to lay the blame on the unvaccinated and those refusing to comply with their stupid mandates.

  • Clyde Duncan  On 04/22/2022 at 1:13 pm

    How A Single Judge’s Ruling Upended National COVID Policy

    Yasmeen Abutaleb, Hannah Sampson, Ann E. Marimow | The Washington Post

    For more than a year, a little-known group called the HEALTH FREEDOM DEFENSE FUND has been working to roll back vaccine and mask mandates all over the country, often filing lawsuits one community at a time — from a tiny town in Idaho to the Los Angeles Unified School District and beyond.

    The group, created last year by a former Wall Street executive turned anti-vaccine activist to advocate for “bodily autonomy”, saw mixed results, with some local officials bending under the pressure and others winning efforts to dismiss lawsuits they viewed as coming from a fringe organization.

    UNTIL THIS WEEK.

    Legal scholars disagree about the authority of individual federal judges to issue orders that apply nationally and prevent the federal government from enforcing policies or regulations, and Mizelle’s ruling resurrected that debate. But the consequences of her decision were far-reaching.

    The group was founded last year by Manookian, a former investment banker, and has found support from some Republican lawmakers who have vehemently opposed federal action to impose vaccine and mask mandates. Its website says that “bodily autonomy” is “the most sacred and precious of human rights and must be fervently guarded.” The site also includes a video of an interview with Manookian in which she says she has suffered severe vaccine injury and calls vaccines “poison”.

    In its news release announcing the July anti-mask-mandate lawsuit, the group falsely said that “recent studies have shown that masks do more harm than good”, including by exposing those wearing them to high levels of carbon dioxide — both statements that have been repeatedly debunked.

  • Clyde Duncan  On 04/22/2022 at 1:17 pm

    I am just thinking out loud – The gall of these bastards to display the following:

    Its website says that “bodily autonomy” is “the most sacred and precious of human rights and must be fervently guarded.”

    These are the same clown show that are AGAINST a woman [or female child] having any control over their body ….. Somehow, dat does NOT compute!!

    • Maureen Wickham uk  On 04/22/2022 at 1:38 pm

      The ones who didn’t take the injection and refused to wear a mask are dead now !!! Out shopping and going to people house and caught it … Now dead !!!!

      • Bernard  On 04/22/2022 at 3:58 pm

        You say that people who chose not to be vaccinated are all dead. Where did you get that from?

        Most people in Africa have not received a single dose of any kind of coronavirus vaccine. The reason is that rich countries hog up the vaccines and patents and would not allow them to produce their own. Big pharmaceutical companies make billions of dollars by keeping us in a state of perpetual fear.

        Are all the people in Africa who have been infected dead? People develop natural immunity to viruses. That has been the case since the dawn of time.

        Coronaviruses have been around for millions of years. Yet, humans are still on Earth. We have to learn to live with the virus, we don’t have a choice.

        It’s the media that’s driving this thing 24/7. What they don’t tell you is that some people are naturally predisposed to getting very ill from viruses. Most people will brush it off.

        Such has been the case with the poliovirus, for example. My little brother caught the poliovirus and died shortly after when he was three years old. The rest of us in the house survived.

        I agree that it’s time to move on. We cannot live our lives in fear. That’s no way to pass our brief time on Earth.

      • Maureen Wickham uk  On 04/22/2022 at 5:53 pm

        That’s correct the three males that I know who didn’t have the vaccine but went about their businessi like look at me died because their families said that they didn’t want the vaccine or would wear a mask. One caught covid twice and died on Xmas day . Personally I would not have anyone around me in my home that goes out and about not taking care with their health .my food is delivered and that is my choice , we stuck with it and went to school and work ! Before lock down I was with someone who clearly had covid but laughed it off as a cold .I went home early and was that very day that herself , brother and mother were in intensive care from getting covid. The mother who is only ,60 can’t still can’t breathe properly and has issues with heart despite getting covid 2 years ago.

  • theonly  On 04/23/2022 at 4:30 pm

    Did anyone ever stop to think that when your time is up you will die, virus or no virus?

    • Maureen Wickham uk  On 04/23/2022 at 4:52 pm

      Getting covid is like having bleach poured down your throat .it rots your insides. I have no interest in people who don’t want vaccine or don’t want mask. at the end of the day people are going to die one day .so this just speeds up death . i have no interest in Africa n people wh are not exposed to it by people bringing it into the country. I am interested in myself and my family welfare and protecting our selves. If people don’t want this or that am I really bothered ? The answer is No!

  • Emmanuel  On 04/30/2022 at 1:49 am

    The coronavirus that causes COVID-19 spreads when someone with the virus coughs, sneezes, sings or talks when close to others.

    • Morning star  On 05/01/2022 at 10:18 am

      Exactly , but people go to each other house and carry on like they know best .they also encouraged people to attend illegal gatherings. I did read of Asian woman who died because she was pressurised to attend a wedding . Her children Said she didn’t want to go but the relatives insisted. Covid seems man made but sad ignorant people have made songs out of it and have made cash from someone misery .

      • Bernard  On 05/01/2022 at 2:16 pm

        “Covid seems man made but …”

        There’s some merit is your statement. Tony Fauci was involved in a company in China that invested $400 million US in a Wuhan lab to experiment on the coronavirus to accomplish what they like to call “ gain of function” to allegedly use in biological warfare.

        When confronted about his involvement at the lab and the experiments conducted therein, he beat around the bush without giving clear answers.

        Many people plausibly speculate that there may have been an accident at the lab where the virus escaped and quickly spread first in Wuhan neighbourhood and then to the rest of the world.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: