In the case of Corbett v. Transp. Sec. Administration, 143 S.Ct. 395, the Supreme Court of the United States (“SCOTUS”) refused to hear an appeal on whether the Transportation Security Administration (“TSA”) may mandate masks at public transportation conveyances and at transportation hubs during the height of the COVID-19 pandemic.
Previously, on December 10, 2021, the United States Court of Appeals for the District of Columbia Circuit ruled that the TSA has broad authority to maintain security and safety during national emergencies in the case of Corbett v. Transp. Sec. Administration, 19 F.4th 478 (D.C.Cir.2021), and that the TSA relied upon the prior mask mandates and findings issued by the Centers for Disease Control and Prevention (“CDC”). Because SCOTUS did not accept jurisdiction over this appeal, the appellate court decision stands, but the legal analysis does not end here as the CDC authority upon which the TSA relied was subsequently struck down!
As a result of the April 18, 2022 court order striking down all mask mandates issued by the CDC in the case of Health Freedom Defense Fund, Inc. v. Biden, U.S. Dist. of Florida Case No. 8:21-cv-1693, the TSA announced that the TSA was immediately ceasing the enforcement of all mask mandates. To read this case, click here.
While the Biden Administration appealed the April 18, 2022 court order in the case of Health Freedom Defense Fund, Inc. v. Biden, C.A. 11th Case No. 22-11287, no decision has been issued by the appellate court as of the date of this blog.
UPDATE: On November 2, 2022, an oral argument in the appellate case of case of Health Freedom Defense Fund, Inc. v. Biden, C.A. 11th Case No. 22-11287, was scheduled for January 17, 2023, which can be downloaded by clicking here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.