Judge Kathryn Kimball Mizelle’s ruling on the transportation mask mandate, which inspired social-media videos of people gleefully unmasking on airplanes, was sudden and startlingly broad.
, on Monday, throwing out the federal mask mandate for people using public conveyances—planes, trains, Ubers—it might appear that the mandate was rather “closely related to the powers granted” to the federal health authorities by law. Indeed, it appears, at any blush, to be intimately related, which is why the ruling issued by Mizelle, a federal district-court judge based in Tampa, Florida, is so alarming.
Mizelle, a former clerk for the Supreme Court Justice Clarence Thomas, was rated “Not Qualified” by the American Bar Association right before she was confirmed as a federal district-court judge in November, 2020. The A.B.A. rating was not based on anything untoward that she had done, or on any ideology she espoused, but on her lack of experience.
She does acknowledge that this definition “would appear to cover the Mask Mandate,” but that meaning doesn’t seem right to her. For reasons that are hard to explain, she prefers definitions that better describe taking out garbage, such as “acts that remove refuse or debris from an area or object.” She claims that this meaning of sanitation “would preclude” the mandate, which, for all the flipping through of dictionaries, seems to be the actual reason that she prefers it.
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