Understanding the Legal Decision that Ended the Mask Mandate and What Comes Next

The Lawfare Podcast

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4.7 • 6.2K Ratings

🗓️ 29 April 2022

⏱️ 49 minutes

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Summary

Last week, a federal district judge in Florida named Kathryn Mizelle struck down the Biden administration's policy requiring that individuals wear masks on airplanes and other forms of interstate travel. In doing so, she adopted an extremely narrow reading of relevant public health statutes to conclude that they did not authorize any such masking policies, a move that has since triggered more questions about what public health tools the federal government will have left if Mizelle’s decision is left to stand.

To better understand this decision and its ramifications, Scott R. Anderson sat down with two legal experts: Lindsay Wiley, a professor specializing in health, law and policy at the University of California Los Angeles School of Law, and Alan Rozenshtein, a Lawfare senior editor and professor of, among other things, legislative and regulatory law at the University of Minnesota Law School. They talked about Mizelle’s approach to statutory interpretation, the role of the major questions doctrine, whether her views are likely to survive appeal and how the entire endeavor is likely to impact ongoing efforts to combat the coronavirus pandemic.

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Transcript

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
0:33.9	If we're we're headed is a situation where the courts essentially demand that Congress
0:39.4	or state legislature has to delegate authority in highly specific terms.
0:46.3	That's bad for public health.
0:48.0	That's bad for our ability to live in a in communities where our health is interdependent
0:54.1	on the health of others in our community and where there are threats, particularly communicable
0:58.4	disease threats that evolve rapidly where our scientific understanding evolves rapidly,
1:03.7	where the measures that we are able to identify and implement to combat those threats are
1:09.7	hard to anticipate in specific terms.
1:13.4	I'm LawFair, senior editor Scott R. Anderson and this is the LawFair podcast for people
1:18.3	in the year 1929 2022.
1:26.9	Last week, a federal district judge in Florida and Katherine Moselle struck down the Biden
1:26.1	administration's policy requiring that individuals wear masks on airplane and other forms
1:30.5	of interstate travel.
1:32.2	In doing so, she adopted an extremely narrow reading of relevant public health statutes
1:37.6	to conclude that they did not authorize any such maskly policies.
1:41.6	A move that has since triggered more questions about what public health tools the federal
1:46.2	government will have left if Moselle's decision is left to stand.
	...

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