Texas filed a lawsuit against the Biden administration Wednesday over the federal mask mandate for airplanes, trains, buses and other public transportation mechanisms. The lawsuit argues that the mask mandate, which has existed for almost a year, was not issued properly as it did not go through a notice or comment period, The Hill reports. […]
Texas filed a lawsuit against the Biden administration Wednesday over the federal mask mandate for airplanes, trains, buses and other public transportation mechanisms.
The lawsuit argues that the mask mandate, which has existed for almost a year, was not issued properly as it did not go through a notice or comment period, The Hill reports.
The lawsuit also questions the effectiveness of the mandate in preventing the spread of COVID-19, arguing that the policy “provides no findings that show masks have limited the interstate spread of COVID-19 through conveyances and transportation hubs.”
The lawsuit, filed by Texas Attorney General Ken Paxton and the Texas Public Policy Foundation on behalf of Rep. Beth Van Duyne, also argues that federal authorities did not have the power to enact such a mandate, specifically citing the CDC - which they claim does not have the power to make or enforce “blanket preventative measures against people that may or may not carry infectious disease.”
The lawsuit says Duyne “frequently travels via commercial airlines subject to the Order,” and would decide against wearing a mask at the airport or on flights if she had the choice.
Paxton is seeking a preliminary and permanent injunction to halt enforcement of the mandate.
“The State, through the executive orders of its Governor, has determined that Texans can choose for themselves whether to wear masks and that Texas businesses cannot be required by State or local governmental entities to impose masking requirements,” the lawsuit reads.
In a statement, Paxton said that Biden “cannot continue governing through executive edicts.”
“Now is the time to strike down his administration’s air-travel mask mandate,” he added.
