Attorney General Jason Miyares joins multistate action to end CDC’s unlawful mask mandate

Attorney General Miyares is joining 20 other states in a multistate action against President Biden’s Center for Disease Control and Prevention continued use of an unlawful mask mandate for public transportation.

The mandate is another example of federal overreach and is dependent on a failed interpretation of a quarantine statute that has been ruled against in court.

“The CDC’s mask mandate on public transportation, like air travel, is scientifically unnecessary at this stage of the pandemic. Not only are the CDC’s mask mandates for public transportation an example of federal overreach, but they are outdated as states across the country have lifted mask mandates in other aspects of daily life,” said Attorney General Jason Miyares.

The attorneys general argue that the CDC’s unlawful mask mandate exceeds the agency’s authority by not authorizing economy-wide measures. The statute does not permit mask requirements for individuals who show no sign of infection, which the mandate requires, and the mandate does not consider the states’ actions to control the spread of COVID-19. Finally, the mandate violates the anti-commandeering doctrine by requiring state-run conveyances and transportation hubs to enforce the rule.

Attorney General Miyares joined 20 other attorneys general in the multistate action led by Florida Attorney General Ashley Moody and asked for the mask mandate to be dropped and for a permanent injunction against enforcement.

To read the full complaint, click here.