The Huge Risk Underlying the Biden Administration's Legal Fight to Reinstate the CDC's Mask Mandate

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The Huge Risk Underlying the Biden Administration's Legal Fight to Reinstate the CDC's Mask Mandate
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If denied, the DOJ's appeal could hurt the CDC's ability to fight public health crises down the line.

Wednesday. “CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”

It very well may be — the agency has an “extraordinarily good case” against Mizelle’s ruling, as Gostin told the— but it remains to be seen if that’s the view of the U.S. Court of Appeals for the 11th Circuit. That court tilts conservative, as does the Supreme Court, which could eventually hear the case; that bench has a 6-3 conservative majority, with three Trump appointees, that has already struck down Biden’s employer vaccine mandate and other administration COVID policies.

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