Federal mask mandate on public transportation causes Texas to sue Biden administration

The state of Texas filed a lawsuit against the Biden administration on Wednesday over a federal mask mandate on public transportation, including aircraft and airports.

U.S. representative Beth Van Duyne (R-Texas) and Texas Attorney General Ken Paxton have filed suit against the CDC, the TPPF, and the federal government as a whole. They are being sued by the Texas Attorney General, the Texas Public Policy Foundation, and U.S. Representative Ken Paxton on behalf of Texas.

Joe Biden, in his first day as president on Jan. 20, 2021, signed an executive order requiring federal agencies to issue masks on planes, trains, and in airports. On Jan. 29, 2021, Berger issued a directive requiring people to wear masks while traveling in transportation vehicles and at transportation hubs, and the directive became effective on Feb. 3, 2021.

Transportation conveyances used by the CDC include "airplanes, ships, ferries, trains, subways, buses, taxis, and ridesharing" that travel "within the United States or beyond." It was announced later that the CDC would not enforce masks in outdoor areas of public transportation in June 2021.

CDC says it "does not intend to primarily rely on these criminal penalties but instead strongly encourages voluntary compliance." Although failure to comply may result in criminal penalties, the Centers for Disease Control and Prevention said it expects widespread compliance.

There was no congressional authorization for the CDC's mandate, nor was there a process of notice or comment by the federal government, as is usually required for regulations of this nature, plaintiffs claimed in their complaint.

17 Feb 2022