The Florida judge said the only remedy was to vacate the rule entirely.
The decision Monday by U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, also said the Centers for Disease Control and Prevention improperly failed to justify its decision and did not follow proper rulemaking.
The judge said “a limited remedy would be no remedy at all” and that the courts have full authority to make a decision such as this — even if the goals of the CDC in fighting the virus are laudable. The Justice Department declined to comment Monday when asked if the government planned to appeal the ruling., which was set to expire Monday, until May 3 to allow more time to study the BA.2 omicron subvariant of the coronavirus that is now responsible for the vast majority of cases in the U.S.for travelers was the target of months of lobbying from the airlines, which sought to kill it.
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