Federal Judge Strikes Down CDC Mask Mandate for Planes, Travel

[guohua]

Gowdy: Congress, not federal judges, should be setting public policy

"Sunday Night in America" host Trey Gowdy examined the media's reaction after a federal judge voided the Biden administration's mask mandate for public transportation, telling viewers over the weekend that Congress' abdication to the Centers for Disease Control forced the federal judge to determine national policy.


REY GOWDY: The CDC thinks you should wear a mask on planes or trains or mass transit. If you're wondering when you voted on the Centers for Disease Control, you did not. You do vote on Congress, and that is who should make these decisions. But Congress abdicated its authority to the CDC, as it has abdicated its authority in other realms.

In a perfect world, federal judges would not have to decide whether masks should be worn on public transportation. Judges are smart, for the most part, but they're not infectious disease experts. There’s a reason they went to law school and not medical school. But more and more issues are put before our courts because those who are supposed to govern, do not. They abdicate.

The Biden Administration has decided to appeal this ruling risking the continued wrath of those who are sick of wearing masks. 

Well, the media and Democrats and law professors, assuming that’s not redundant, have been unsparing in their criticism of this judge. Apparently, that whole respect for the judiciary thing only counts when they like the ruling.

I don’t want federal judges setting public health or immigration or national security policy for the country, but they shouldn’t have to. 

That’s Congress' job. If only they would do it.

Source



Judges are the check on the executive and she determined the  executive branch did not have the authority they were trying to wield.  This was her job, you know this, she did not “set” public policy. She interpreted the law - the same as the last CDC overreach with the eviction moratorium.