My only comment on Judge Mizelle’s decision on the illegality of the CDC mask mandate was this. I predicted that the Biden administration would appeal it despite whatever ambivalence it might feel about the ruling. They would find the urge to vindicate the regulation’s expression of the health authorities’ will to power irresistible, if only because of the possible spillover effect.
And so it has come to pass. Axios reports that the Department of Justice has filed an appeal at the instance of the CDC. It appears that the administration has not sought a stay of the ruling and the extension of the regulation will expire on May 4, at which time it may be deemed moot unless the “capable of repetition yet evading review” exception is applicable.
Where is the fallacious Dr. Fauci and what does he have to say? HHS Secretary Xavier Becerra carries on in his spirit, as does Covid czar Ashish Jha, to whom I have an irresistible urge to shout out “Nein, Dr. Jha!”
The CDC statement on the appeal is posted here. The DoJ announcement that it has filed the appeal is posted on Twitter here.
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