CDC mask mandates
42 U.S. Code § 264 – Regulations to control communicable diseases
The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.
Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General,[1].
Except as provided in subsection (d), regulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to individuals coming into a State or possession from a foreign country or a possession.
Nothing in this section or section 266 of this title, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 266 of this title.
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CDC notice
CDC, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8030 (Feb. 3, 2021)
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CDC mask mandate cases, starting with the HFDF nationwide vacatur case
From the 3/30/22 notice in Florida v. Walensky
Health Freedom Defense Fund v. Biden, No. 8:21-cv-1693 (M.D. Fla.) (Mizelle, J.)
Wall v. CDC, No. 6:21-cv-975 (M.D. Fla.) (Byron, J.)
Massie v. CDC, No. 1:22-cv-31 (W.D. Ky.)
Mahwikizi v. CDC, No. 1:21-cv-3467 (N.D. Ill.)
Van Duyne v. CDC, No. 4:22-cv-122 (N.D. Tex.)
[Family Research Council Action v. Biden, No. 4:22-cv-209 (N.D. Tex.)]
Florida v. Walensky, No. 8:22-cv-718 (M.D. Fla.)
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Health Freedom Defense Fund v. Biden, No. 8:21-cv-1693 (M.D. Fla., filed July 12, 2021)
Complaint
Plaintiffs’ notice of related action (Wall), July 28, 2021
HfDF masks pltf related action notice Wall 7 28 21
US notice of related action (Wall), September 17, 2021
HFDF US related action Wall 9 17 21
Amended scheduling order, December 13, 2021
Amended complaint, December 13, 2021
[motion to transfer denied]
[]
US motion for summary judgment, January 18, 2022
| 01/31/2022 | 47 | ENDORSED ORDER: Upon review, the Court grants Defendants’ 46 unopposed motion. Oral argument will be held on April 29, 2022. As explained in the 38 scheduling order, the Court will cancel oral argument if it concludes after briefing is complete that oral argument is unnecessary. Signed by Judge Kathryn Kimball Mizelle on 1/31/2022. (EDB) (Entered: 01/31/2022) |
Plaintiffs’ summary judgment opposition/cross motion, February 17, 2022
US summary judgment reply/opposition, March 16, 2022
Plaintiffs’ reply supporting cross-motion, March 31, 2022
| 04/18/2022 | 52 | ENDORSED ORDER: Upon review of the briefing and the administrative record, the Court finds that the oral argument previously scheduled for April 29, 2022 (Doc. 47), is unnecessary and cancels it. Signed by Judge Kathryn Kimball Mizelle on 4/18/2022. (EDB) (Entered: 04/18/2022 |
Summary judgment opinion, April 18, 2022
Judgment, April 18, 2022
US notice of appeal, April 20, 2022
Eleventh Circuit # 22-11287
Mark Joseph motion for clarification, April [26], 2022
HFDF Mark Joseph clarif mo 4 26
| 04/26/2022 | 58 | ENDORSED ORDER: The Court directs the Clerk to strike the 57 document styled as a “motion for clarification” because the filer is not a party to this action. See EEOC v. E. Airlines, Inc., 736 F.2d 635, 637 (11th Cir. 1984). Signed by Judge Kathryn Kimball Mizelle on 4/26/2022. (EDB) (Entered: 04/26/2022) |
US opening brief, May 31, 2022
Public Health and Public Health Law Experts amicus, June 7, 2022
11C HF Public Law Experts amicus 6 7
American Medical Ass’n amicus, June 7, 2022
Appellees’ brief, August 1, 2022
Liberty, Life and Law Foundation amicus, August 2, 2022
Children’s Health Defense amicus, August 2, 2022
11C HFDF Children’s Health Defense amicus 8 2
AAPS amicus, August 5, 2022
Washington Legal Foundation amicus, August 8, 2022
America’s Frontline Doctors amicus, August 8, 2022
11C HFDF America’s Frontline Doctors amicus 8 8
Florida et al amicus, August 8, 2022
Massie et al Congressional amicus, August 8, 2022
Three industrial experts amicus, August 8, 2022
11C HFDF 3 industrial experts amicus 8 8
20 disabled passengers amicus, August 8, 2022
11C HFDF 20 disabled passengers amicus 8 8
338 airline workers amicus, August 8, 2022
11C HFDF 338 airline workers amicus 8 8
US reply brief, August 29, 2022
Order carrying amicus motions with case, September 13, 2022
11C HFDF order carrying amicus motions w case 9 13
Florida motion to participate in oral argument, November 1, 2022
11C HFDF FL mo particip OA 11 1 22
| 11/02/2022 | Oral argument scheduled. Argument Date: Tuesday, 01/17/2023 Argument Location: Miami, FL. [Entered: 11/02/2022 01:30 PM] |
Order allowing Florida to have argument time, November 18, 2022
| 01/17/2023 | 83 | Oral argument held this date. Oral Argument presented by Henry Charles Whitaker for Amici Curiae State of Missouri, State of Georgia, State of Alabama, State of Texas, State of South Carolina, State of Nebraska, State of Utah, State of Louisiana, State of Idaho, State of Alaska, State of Indiana, State of Mississippi, State of Ohio, State of Kansas, State of Oklahoma, State of West Virginia, State of Arkansas, State of Arizona, State of Virginia, State of Iowa, State of Kentucky, State of Montana and State of Florida, Brian James Springer for Appellants USA, Secretary of Health and Human Services, President of the United States, Centers for Disease Control, Department of Health and Human Services, Director of the Centers for Disease Control and Prevention and Director Division of Global Migration and Quarantine and Brant C. Hadaway for Appellees Health Freedom Defense Fund, Ana Carolina Daza and Sarah Pope. [Entered: 01/17/2023 03:22 PM] |
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Wall v. CDC, No. 6:21-cv-975 (M.D. Fla., filed June 7, 2021)
Complaint
[]
[]
Order dismissing complaint with leave to refile, December 18, 2021
[]
Order denying preliminary injunction, March 4, 2022
Wall masks order denying PI 3 4 22
[]
Parties’ most recent filings, by 4/20
Wall opposition to cross-motion for summary judgment, reply supporting summary judgment, April 4, 2022
Wall masks sj reply xsj op 4 4
US reply supporting cross-motion for summary judgment, April 12, 2022
[Wall’s additional authority]
Summary judgment opinion, April 29, 2022
Wall notice of appeal, May 3, 2022
Eleventh Circuit # 22-11532
Emergency motion for injunction pending appeal, May 6, 2022
Supplemental documents, May 9
11C Wall supplemental documents 5 9
US opposition to emergency motion, May 10, 2022
Wall reply, May 11, 2022
Order denying injunction pending appeal, May 12, 2022
11C Wall order denying ipa 5 12
Wall opening brief, June 27, 2022, as corrected July 1, 2022
11C Wall Wall OB 6 27 corrected 7 1
3 Dual Citizens amicus, July 5, 2022
11C Wall 3 dual citizens amicus 7 5
3 Industrial Hygiene Experts amicus, July 5, 2022
11C Wall 3 industrial hygiene experts amicus 7 5
313 Airline Workers amicus, July 5, 2022
11C Wall 313 airline workers amicus 7 5
16 Disabled Passengers amicus, July 5, 2022
11C Wall 16 disabled passengers amicus 7 5
Order denying page limit extension, July 11, 2022
11C Wall order denying x word limit 7 11
Wall brief, August 1, 2022
Wall motions and correspondence, August 1, 2022
11C Wall notice re defendants 8 1
11C Wall mo compel clerk docket amicus br 8 1
11C Wall copy of letter to clerk 8 1
US motion for extension, August 5, 2022
Wall opposition to extension, August 5, 2022
[]
Wall motion for reconsideration of extension, September 1, 2022
Wall motion for reconsideration of order rejecting brief, September 1, 2022
Florida amicus, September 15, 2022
Order denying reconsideration, September 15, 2022
11C Wall order confirming striking brief 9 15
Two-judge order denying reconsideration, September 28, 2022
11C Wall two judge order re striking brief 9 28
Wall opening brief, September 29, 2022
US appellee brief, December 14, 2022
11C Wall US appellee br 12 14 22
Wall reply brief, January 4, 2023
Wall supplemental authority (PRC), January 22, 2023
11C Wall addl auth PRC 1 22 23
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Massie v. CDC, No. 1:22-cv-31 (W.D. Ky., filed March 14, 2022)
Complaint
| 03/15/2022 | 6 | TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 3/15/2022. Pursuant to 28 USC §455, the Court concludes that recusal in this case is required. IT IS HEREBY ORDERED that this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings and disposition, pursuant to General Order 2020-27. Counsel are instructed to change the civil action number to reflect the initials (BJB) in place and instead of the initials (GNS) on all further pleadings.
This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel of Record; Case Manager Judge Beaton (TJD) (Entered: 03/15/2022) |
Motion for preliminary injunction, March 23, 2022
| 03/25/2022 | 19 | TEXT ORDER: The Court orders the Defendants to file a response to the Plaintiffs’ motion for a preliminary injunction (DN 18 ) by April 8, 2022. The Court also orders the parties to confer and submit a joint status report on or before April 8 proposing mutually agreeable dates and times for either a telephonic or in-person status conference or preliminary-injunction hearing, as the parties deem appropriate.
This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM) (Entered: 03/25/2022) |
Corrected joint status report, April 8, 2022
Massie joint status corrected 4 8
Most recent pleadings by 4/20
US opposition to preliminary injunction, April 8, 2022
Massie reply, April 15, 2022
Massie notice of additional authority (HFDF), April 18, 2022
US notice of supplemental authority (Wall), April 29, 2022
Answer, May 16, 2022
| 07/14/2022 | 29 | TEXT ORDER: The Court orders the parties to submit supplemental briefs on whether this case is moot-including whether the Plaintiffs face any ongoing prospect of harm, the status of the CDC’s mask order, and enforcement of the order by the CDC or any other governmental actor. The parties may respond jointly or separately, but must address whether and why this Court does or does not retain jurisdiction to decide this case. Initial briefs are due from all parties by 7/29/22, and any party may file a joint or separate response by 8/12/22.
This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM) (Entered: 07/14/2022) |
Joint brief in response, asking for stay, July 29, 2022
| 09/07/2022 | 31 | TEXT ORDER: In light of the ruling in Health Freedom Defense Fund, Inc. v. Biden, — F. Supp. 3d —, No. 8:21-cv-1693, 2022 WL 1134138 (M.D. Fla. Apr. 18, 2022) vacating the CDC’s mask mandate, that ruling’s pending appeal in the Eleventh Circuit, and the parties’ request to stay this case as set forth in their joint supplemental brief regarding mootness (DN 30 ), the Court grants the joint request to stay this case pending a ruling by the Eleventh Circuit. Further, the Court denies the motion for a preliminary injunction (DN 18 ) without prejudice and with leave to refile if necessary. Finally, the Court orders the parties to file a joint status report within 30 days of the Eleventh Circuit’s decision.
This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM) (Entered: 09/07/2022) |
| 09/07/2022 | Case Stayed (JM) (Entered: 09/07/2022) |
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Mahwikizi v. CDC, No. 1:21-cv-3467 (N.D. Ill., filed June 28, 2021)
Complaint
[]
Order, March 1, 2022
Seventh Circuit # 22-1776
Opening brief, June 17, 2022
US appellee brief, September 12, 2022
Illinois appellee brief, September 12, 2022
Nonprecedential order, December 19, 2022
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Van Duyne v. Centers for Disease Control, No. 4:22-cv-122 (N.D. Tex., filed Feb. 16, 2022)
Complaint
Van Duyne airplane mask complaint
Motion for preliminary injunction, February 16, 2022
Van Duyne airplane mask PI mo 2 16
Order for meet and confer, February 16, 2022
Van Duyne scheduling order 2 16
Joint status report and briefing schedule, February 23, 2022
Scheduling order, February 23, 2022
Van Duyne scheduling order 2 23
US opposition, March 4, 2022
[]
Van Duyne reply, March 9, 2022
[US response, 3/4, plaintiff reply, 3/9]
Order asking for briefing re trial on merits, March 17, 2022
Van Duyne order asking re trial on merits 3 17
[Opening simultaneous briefs, 3/30; simultaneous response briefs, 4/6]
Order re possible consolidation, March 24, 2022
Van Duyne FRC consol q order 3 24
Plaintiffs’ brief supporting summary judgment, March 30, 2022
Defendants’ opposition, March 30, 2022
[Cross briefs due 4/8, response briefs due 4/15]
Van Duyne response re trial on merits, April 6, 2022
US response re trial on merits, April 6, 2022
Texas response re trial on merits, April 6, 2022
US support for consolidation, April 8, 2022
Van Duyne US support consol 4 8
Van Duyne opposition to consolidation, April 8, 2022
Van Duyne response, April 14, 2022
Van Duyne consol response 4 14
US response, April 15, 2022
Van Duyne US consol response 4 15
Most recent filing by 4/20
Order for briefing re Middle Florida case, April 18, 2022
[Opening briefs, 4/22; responsive briefs, 4/25]
Van Duyne/Texas brief on the Middle Florida case, April 22, 2022
Van Duyne supp br re HFDF 4 22
US brief on the Middle Florida case, April 22, 2022
Van Duyne US response HFDF 4 22
Van Duyne/Texas response brief, April 25, 2022
US response brief, April 25, 2022
US supplemental authority (Wall), April 29, 2022
FRC supplemental authority (Wall), April 30, 2022
Order for briefing on, e.g., mootness, May 13, 2022
Van Duyne order for briefing 5 13
US mootness brief, May 19, 2022
Van Duyne US mootness brief 5 19
Plaintiffs’ mootness brief, May 19, 2022
Van Duyne pltf mootness brief 5 19
US response, May 23, 2022
Plaintiffs’ response, May 23, 2022
Stay order, May 24, 2022
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Family Research Council Action v. Biden, No. 4:22-cv-209 (N.D. Tex., filed March 23, 2022)
Complaint
Family Research Council complaint
Motion for injunction, and memo, March 31, 2022
Motion for TRO, April 4, 2022
[supporting documents]
US TRO opposition, April 12, 2022
Reply supporting TRO, April 14, 2022
US response re consolidation, April 15, 2022
FRC masks US consol response 4 15
Most recent filing by 4/20
Order for briefing on Middle Florida case, April 18, 2022
[Opening briefs, 4/22; responsive briefs, 4/25]
US supplemental brief re HFDF, April 22, 2022
Family Research Council supplemental brief and appendix, April 22, 2022
US response, April 25, 2022
Family Research Council response, April 25, 2022
US notice of supplemental authority (Wall), April 29, 2022
FRC response Wall, April 30, 2022
FRC supplemental authority (CDC), May 4, 2022
Order for briefing on, e.g., mootness, May 13, 2022
US mootness brief, May 19, 2022
FRC mootness brief, May 19, 2022
US response, May 23, 2022
FRC response, May 23, 2022
Stay order, May 24, 2022
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Florida v. Walensky, No. 8:22-cv-718 (M.D. Fla., filed March 29, 2022)
Complaint
Notice of related actions, March 30, 2022
FL masks notice related actions 3 30
[Status hearing, 4/19]
Status hearing minutes, April 19, 2022
Notice of related action, May 4, 2022
FL v. Walensky US notice of related actions 5 4
Unopposed US motion to stay, June 1, 2022
FL v Walensky unop US mo to stay 6 1
| 06/02/2022 | 14 | ENDORSED ORDER granting 13 Unopposed Motion to Stay pending a decision in the Health Freedom case. The Clerk is directed to administratively close this case. The parties are directed to file a notice, within thirty (30) days of the resolution of the appellate proceedings in Health Freedom, stating their positions as to whether this matter should be reopened. Signed by Judge William F. Jung on 6/2/2022. (CCB) (Entered: 06/02/2022) |
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Andreadakis v. CDC, No. 3:22-cv-52 (E.D. Va., filed Jan. 28, 2022)
Complaint
[]
[]
Memorandum opinion, April 22, 2022
Order, April 22, 2022
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Other CDC mask mandate cases?
Doe v. USDOT, No. 2:22-cv-402 (W.D. Pa., filed March 4, 2022)
Complaint
Doe mask mandaates complaint 3 4 22
Motion for preliminary injunction, March 16, 2022
Doe mask mandates PI motion 3 16
| 03/17/2022 | 9 | TEXT ORDER re 8 Motion for Preliminary Injunction filed by JOHN DOE. IT IS HEREBY ORDERED that the Court will hold a decision on this Motion in abeyance, to allow Defendants an opportunity to respond once service has been effectuated. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/17/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mrm) (Entered: 03/17/2022) |
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Chenge v. CDC, No. (W.D. Mich., filed Feb. 23, 2022)
Complaint
Chenge mask mandates complaint 2 23 22
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Corbett, 22-33
Petition, appendix, July 5, 2022
20220705121151116_Corbett v. TSA VI – Petition for Certiorari
20220705121326257_Corbett v. TSA VI – Petition for Certiorari – Appx
US response, September 27, 2022
20220927132244620_22-33 Corbett v
Corbett reply, October 13, 2022
20221012213048446_screplybrief
| Oct 31 2022 | Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition. |
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Affordable Care Act Litigation 