The federal government has a Monday deadline in Wall v. CDC to file – for the first time in any court – arguments as to why the Federal Transportation Mask Mandate and International Traveler Testing Requirement are not illegal and unconstitutional.
Lucas Wall, 44, of Washington, D.C., filed suit against Biden, CDC, TSA, and five other defendants June 7 after he was denied passage through a security checkpoint June 2 at Orlando International Airport because he can’t wear a mask due to his Generalized Anxiety Disorder.
The U.S. Department of Justice will submit a brief on Monday asking the U.S. District Court to dismiss certain counts of Lucas Wall’s complaint asserting both Centers for Disease Control & Prevention mandates – issued as a result of executive orders signed by President Joseph Biden and enforced (masks) by directives of the Transportation Security Administration:
1) Were hastily issued without the required notice-and-comment period shortly after Biden took office
2) Were not enacted into law by Congress
3) Exceed the Executive Branch’s statutory and constitutional authority
4) Violate numerous U.S. Department of Transportation regulations prohibiting discrimination against passengers with disabilities such as Wall who can’t tolerate wearing a face covering. DOJ is expected to seek summary judgment against Wall on other counts and to also file the administrative record explaining how the two policies were promulgated.
Monday marks the first deadline for the government to file legal arguments defending the FTMM and ITTR in the nation’s first lawsuit challenging the two COVID-19 policies that have restricted travelers on all forms of public transportation nationwide since Feb. 1.
Wall will file later this week legal arguments rebutting the government’s assertions and asking the court to permanently enjoin enforcement of the mask mandate and testing requirement.
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