"'It doesn’t appear the Biden administration wants to bring back that mask mandate,' said Curt Levey, president of the Committee for Justice, a nonprofit constitutional advocacy group. 'It is in no hurry.'
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U.S. District Judge Paul Byron, an Obama appointee, in his April 29 order said the CDC had 'good cause' to issue its mask mandate under the Administrative Procedure Act on an emergency basis.
'The highly contagious character and the devastating effects of the SARS-CoV-1 virus demanded expeditious action by the CDC,' Judge Byron wrote. 'Frankly, if battling this elusive enemy does not rise to the level of urgency that qualifies for deviation from normal rule making procedures under the good cause exception, the Court is not sure what does.'
Judge Byron’s ruling didn’t reinstate the mask requirement, but Mr. Levey said it is 'slightly helpful' to the administration as it appeals Judge Mizelle’s ruling before the 11th Circuit.
'It does not have a lot of legal authority, but maybe moral authority,' Mr. Levey said."