Sanitation … and other measures

CDC mask mandates

42 U.S. Code § 264 – Regulations to control communicable diseases

(a) Promulgation and enforcement by Surgeon General

 

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.

(b) Apprehension, detention, or conditional release of individuals

 

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].

(c) Application of regulations to persons entering from foreign countries

 

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.

(d) Apprehension and examination of persons reasonably believed to be infected

 

(1)

 

Regulations prescribed under this section may provide for the apprehension and examination of any individual reasonably believed to be infected with a communicable disease in a qualifying stage and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying stage, will be moving from a State to another State. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary. For purposes of this subsection, the term “State” includes, in addition to the several States, only the District of Columbia.
(2) For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease—

 

(A)

 

is in a communicable stage; or
(B)

 

is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.
 
(e) Preemption

 

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.

==

CDC notice

CDC, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8030 (Feb. 3, 2021)

2021-02340

==

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.)

===

Health Freedom Defense Fund v. Biden, No. 8:21-cv-1693 (M.D. Fla., filed July 12, 2021)

Complaint

HFDF masks complaint 7 12 21

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

HFDF amended sched 12 13 21

Amended complaint, December 13, 2021

HFDF amended complaint 12 13

[motion to transfer denied]

[]

US motion for summary judgment, January 18, 2022

HFDF masks US msj 1 18 22

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

HFDF sj op xsj mo 2 17

US summary judgment reply/opposition, March 16, 2022

HFDF US xsj op sj reply

Plaintiffs’ reply supporting cross-motion, March 31, 2022

HFDF pltf xsj reply 3 31

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

HFDF sj opinion 4 18

Judgment, April 18, 2022

HFDF judgment 4 18

US notice of appeal, April 20, 2022

HFDF US noa 4 20

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)

===

Wall v. CDC, No. 6:21-cv-975 (M.D. Fla., filed June 7, 2021)

Complaint

Wall complaint 6 7 21

[]

[]

Order dismissing complaint with leave to refile, December 18, 2021

Wall masks order 12 18 21

[]

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 masks xsj reply 4 12

[Wall’s additional authority]

Summary judgment opinion, April 29, 2022

Wall v CDC sj opinion 4 29

Wall notice of appeal, May 3, 2022

Wall noa 5 3

Eleventh Circuit # 22-11532

Emergency motion for injunction pending appeal, May 6, 2022

11C Wall emergency ipa mo 5 6

Supplemental documents, May 9

11C Wall supplemental documents 5 9

US opposition to emergency motion, May 10, 2022

11C US op emergency ipa 5 10

Wall reply, May 11, 2022

11C Wall reply 5 11

Order denying injunction pending appeal, May 12, 2022

11C Wall order denying ipa 5 12

 

===

Massie v. CDC, No. 1:22-cv-31 (W.D. Ky., filed March 14, 2022)

Complaint

Massie v. CDC complaint 3 14

03/15/2022 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

Massie PI ms 3 23

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 masks US PI op 4 8

Massie reply, April 15, 2022

Massie PI reply 4 15

Massie notice of additional authority (HFDF), April 18, 2022

merged_70704_-1-1650462999

US notice of supplemental authority (Wall), April 29, 2022

Massie US supp auth Wall 4 29

US answer, May 16, 2022

4132444-0–14231

===

Mahwikizi v. CDC, No. 1:21-cv-3467 (N.D. Ill., filed June 28, 2021)

Complaint

M masks complaint 6 28 21

[]

Order, March 1, 2022

M masks dism order

===

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

Van Duyne joint status 2 23

Scheduling order, February 23, 2022

Van Duyne scheduling order 2 23

US opposition, March 4, 2022

VD US op 3 4

[]

Van Duyne reply, March 9, 2022

Van Duyne pltf reply 3 9

[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

177115024217

Defendants’ opposition, March 30, 2022

177115024433

[Cross briefs due 4/8, response briefs due 4/15]

Van Duyne response re trial on merits, April 6, 2022

177115042538

US response re trial on merits, April 6, 2022

177115042546

Texas response re trial on merits, April 6, 2022

177115042767

US support for consolidation, April 8, 2022

Van Duyne US support consol 4 8

Van Duyne opposition to consolidation, April 8, 2022

Van Duyne VDTX consol op 4 8

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

177115072022

[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

Van Duyne response 4 25

US response brief, April 25, 2022

Van Duyne US response 4 25

US supplemental authority (Wall), April 29, 2022

Van Duyne supp auth Wall 4 29

FRC supplemental authority (Wall), April 30, 2022

FRC FRC supp auth Wall 4 30

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

VD US response 5 23

Plaintiffs’ response, May 23, 2022

VD pltf response 5 23

Stay order, May 24, 2022

Van Duyne stay order 5 24

===

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

FRC inj mo 3 31

177115027969

Motion for TRO, April 4, 2022

FRC TRO mo 4 4

[supporting documents]

US TRO opposition, April 12, 2022

FRC US op to inj mo 4 12

Reply supporting TRO, April 14, 2022

FRC masks TRO reply 4 14

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

177115071515

[Opening briefs, 4/22; responsive briefs, 4/25]

US supplemental brief re HFDF, April 22, 2022

FRC US response HFDF 4 22

Family Research Council supplemental brief and appendix, April 22, 2022

FRC masks FRC supp br 4 22

FRC masks FRC appendix 4 22

US response, April 25, 2022

FRC US response 4 25

Family Research Council response, April 25, 2022

FRC response 4 25

US notice of supplemental authority (Wall), April 29, 2022

FRC US supp auth Wall 4 29

FRC response Wall, April 30, 2022

FRC FRC response Wall 4 30

FRC supplemental authority (CDC), May 4, 2022

FRC supp auth CDC 5 4

Order for briefing on, e.g., mootness, May 13, 2022

FRC order for briefing 5 13

US mootness brief, May 19, 2022

FRC US mootness brief 5 19

FRC mootness brief, May 19, 2022

FRC FRC mootness brief 5 19

US response, May 23, 2022

FRC US response 5 23

FRC response, May 23, 2022

FRC FRC response 5 23

Stay order, May 24, 2022

FRC stay order 5 24

==

Florida v. Walensky, No. 8:22-cv-718 (M.D. Fla., filed March 29, 2022)

Complaint

047124159796

Notice of related actions, March 30, 2022

FL masks notice related actions 3 30

[Status hearing, 4/19]

Status hearing minutes, April 19, 2022

FL masks status hearing 4 19

Notice of related action, May 4, 2022

FL v. Walensky US notice of related actions 5 4

===

Andreadakis v. CDC, No. 3:22-cv-52 (E.D. Va., filed Jan. 28, 2022)

Complaint

[]

[]

Memorandum opinion, April 22, 2022

Andr mem op 4 22

Order, April 22, 2022

Andr order 4 22

===

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 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)

===

Chenge v. CDC, No.  (W.D. Mich., filed Feb. 23, 2022)

Complaint

Chenge mask mandates complaint 2 23 22

===

2022 WL 483741
Only the Westlaw citation is currently available.
United States District Court, N.D. Indiana, South Bend Division.
Jennifer REINOEHL, Plaintiff,
v.
CENTERS FOR DISEASE CONTROL AND PREVENTION et al., Defendants.
CAUSE NO. 3:21-CV-608 DRL-MGG
Signed 02/16/2022