Harmeet Dhillon on mask mandate

Harmeet Dhillon: "All really, the CDC and the DOJ and the Biden administration have really been all over the place on this issue and other issues having to do with public health, but specifically on this.

I think Judge Mizell methodically completely destroyed every single one of their argument, starting with that 80 year old law and whether the Biden administration's invoked sanitation requirement really fit the bill. Here, the court went through the definition of sanitation and determined that it means cleaning. It does not mean forcing people to wear a mask. And if it did mean forcing people to wear a mask, it would mean that the Biden administration has breathtakingly broad authority over wide parts of our lives, which is contrary to federalism principles we're all.familiar with in the ocean mandate case and other cases where the administration's rules have been struck down.

The judge also dealt with the fact that they invoked this good cause exception to the notice and comment period and said, look, this order was issued a year into this pandemic. Even if they wanted to issue it hastily, they could have still given notice and had a hearing well before the time it came to court, which they didn't do. And so two years after this pandemic started, the court finally was able to rule on it.

And the court also dealt with a couple of other arguments and just handily destroyed them, including that when you have a sort of couple of paragraph justification for a sweeping rule that affects millions of people, that's arbitrary and capricious under the Administrative Procedures Act."

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