Texas sues CDC, asks court to strike down mask mandate for air travel

The state of Texas, along with Republican Rep. Elizabeth Van Duyne, sued the Biden administration Wednesday over its federal mask mandate for airports and airlines.

The 12-page lawsuit filed in federal court in Texas said Ms. Van Duyne flies about 80 times a year, and would not wear a face mask but for the federal mask mandate.

The complaint argues that the mask order is unlawful because the Biden administration did not comply with the Administrative Procedure Act when issuing the mandate. The suit also contends that the Centers for Disease Control and Prevention overstepped its authority in issuing the requirement.

“Biden’s repeated disregard of the individual liberties of Texans is not only disrespectful to the U.S. Constitution, it is also troublesome that any president thinks they can act above the law while hardworking Americans stand by,” said Texas Attorney General Ken Paxton.

He said, “President Biden cannot continue governing through executive edicts. Now is the time to strike down his administration’s air-travel mask mandate. I’m proud to stand alongside my friend Congresswoman Van Duyne and her counsel…to protect Texans’ liberty and the rule of law.”

A spokesperson from the Justice Department declined to comment on the lawsuit. 

The complaint was filed on the same day that the CDC signaled it might relax mask mandates. The suggestion from the federal government comes as local governments, like Washington, D.C., are lifting some COVID-19 rules.

Dr. Rochelle Walensky, director of the Centers for Disease Control and Prevention, said the agency will consider hospitalizations and treatments before issuing any changes.

“We want to give people a break from things like mask-wearing when these metrics are better and then have the ability to reach for them again, should things worsen,” Dr. Walensky said. “If and when we update our guidance, we will communicate that clearly and will be based on the data and the science.”

Several lawsuits have sought to upend the mask mandate for air travel.

Last month, the Supreme Court declined to lift the mask order in one of the disputes pending before the high court.

The mask mandate for air travel is in place through March, unless the government moves to extend — or shorten — its order.
 
— Tom Howell Jr. contributed to this report.

For more information, visit The Washington Times COVID-19 resource page.