DOJ may appeal mandate ruling, if the CDC says masks are still needed

DOJ may appeal mandate¹ ruling, if the CDC says masks are still needed

Transcript²

Commuters and travelers react to a judge tossing a mask mandate. NPR's Steve Inskeep asks Lindsay Wiley, professor of public health law at UCLA, about how the ruling could affect future emergencies.

STEVE INSKEEP, HOST:

Airports look very different this morning than they did a week ago. People's masks are off unless they choose to wear them. A federal judge in Florida disallowed³ the federal mask mandate for public transit⁴. The CDC is deciding what it thinks of this. It is considering whether the mandate should continue for public health. And if it should, the Biden administration may appeal. In a moment, we'll ask what the law says. But we begin with the voices of air travelers around the country.

DANIEL MUNOZ: My name is Daniel Munoz (ph). I live in Silver Spring, Md., and I am going to Santiago, Chile. I think we should still have the mask mandate in effect. COVID cases are increasing. But this screams politics. This is not the direction that we should be going in.

HEATHER STAKE VANNEMAN: Heather Stake Vanneman - finally, everybody caught up to science. A majority, I would say, 80% to 90% did not have masks. There were still a few. And I don't know. They maybe just didn't get the memo⁶. Or maybe they're still believing the hype. I don't know.

SUZANNE STRAUSS: Suzanne Strauss (ph).

ALICE: My name is Alice (ph). We're traveling from Minnesota.

STRAUSS: I would say 30% were still wearing them, 70 not.

ALICE: In - our connecting flight was in Chicago. Over the overhead speaker, though, they were still announcing that it was a federal law that you had to. So I think that was probably confusing people, too.

JOSEPH THOMAS SULLY: My name is Joseph Thomas Sully (ph). I'm sitting here in Bush Intercontinental Airport, just got back from Jordan. People now have a choice to get their vaccinations⁷ and take the masks off finally. And if people don't want to get vaccinations, they should continue to wear a face mask or keep the face mask off and take their chances because life is one big risk. You probably have a greater chance of dying driving to and from the airport than you do dying from COVID.

ELLEN BITSON: Ellen Bitson (ph) - I don't know what to believe about the COVID. I don't really know what to believe about the mask mandate. I work in the medical field. I've seen what happens in ICU. It's bad, but only certain people. So I'm not - I really have mixed feelings.

LOU PERFETTI: I'm Lou Perfetti (ph), and I'm picking up my wife. She's coming in from Atlanta. I see a lot of people without the masks. And I think they're like me. They're relieved to get it off. And I think everybody should be allowed to make their own choice. And I'm making my own choice. And hopefully other people will do what they think's best for them.

INSKEEP: Voices of people from across the country - now, as we wait for the administration's judgment⁸ of whether to appeal, let's discuss the law. Lindsay Wiley is a professor of public health law at UCLA.

Welcome.

LINDSAY WILEY: Thank you.

INSKEEP: So Judge Kathryn Kimball Mizelle says a mask mandate is not authorized⁹ by the law. And there's a 1944 law that says the government can stop the spread of disease by ordering, and I'm going to quote here, "ordering inspection¹⁰, fumigation¹¹, disinfection, sanitation¹², etc." And the government says sanitation can include keeping the air clean with a mask. But the judge says sanitation just meant something else in the dictionary in 1944. Was she wrong?

WILEY: Well, I think one key move that's been ignored in some of the discussion of this case is that she also eliminated a lot of important language in that etc. that you mentioned, Steve. So the Congress in 1944 - there's legislative¹³ history to show that they specifically contemplated¹⁴, you know, can we in this room anticipate in specific terms every type of threat that a future administration might face and every type of response that might be evidence-based and might be needed to mitigate¹⁵ the spread of disease?

INSKEEP: Oh, let me stop you.

WILEY: And they decided¹⁶, no. We can't.

INSKEEP: You sent me back to the law here. And it does say you can provide for sanitation, pest extermination¹⁷ and these other things. And then it says and other measures, as in his judgment, may be necessary. Did the judge not consider that other measures are specifically, explicitly¹⁸ allowed in the law?

WILEY: I think she - you know, she ignored that language, decided that it had to be one of the specifically listed examples. More importantly, she substituted her own judgment about whether this measure is necessary at this point in the pandemic for the judgment of experts in the administration who are appointed based on their scientific expertise¹⁹.

INSKEEP: What are the implications if this ruling were appealed and were upheld on appeal, which is always plausible²⁰?

WILEY: You know, this decision is different from some of the other decisions we've seen in cases like the eviction²¹ moratorium²². This isn't just about limiting federal power to coordinate²³ the response or create a floor. It creates a true vacuum in administrative²⁴ authority to implement²⁵ swift responses. There's something state and local governments can't do. And requiring masks on interstate and international transit is one of those gaps in state and local authority that the Biden administration was identifying and filling with this order. Whether you think it's time for the administration to lift this mask mandate or not, it's dangerous that if this decision is allowed to stand, no administration will be able to issue a similar order, even in far worse conditions.

INSKEEP: Meaning if we had another wave of this pandemic or, God forbid, some different pandemics, some worse pandemic, the government could not do this if this ruling stands.

WILEY: The administrative agencies could not do this if this ruling stands.

INSKEEP: I want to ask if perhaps technology has outrun the legal debate. I'm just thinking that N95 masks are now very widely available, which they really weren't in 2020. They seem to give the wearer some protection even if the other person is unmasked. Can people just make their own choice here and not worry about it?

WILEY: I think over the last few months, we've seen government officials struggling to navigate²⁶ the details of mask requirements, especially when the emerging evidence is evolving about what kind of masks are effective, which kinds of masks are more effective and what the purpose of a mask is, whether it's to prevent spread of infection by the mask wearer or to protect the mask wearer. But the bigger problem here is that judges aren't supposed to be substituting their own judgment about these questions, about which measures are good or bad or effective or not. Congress gave that power to federal health officials, who are appointed based on their scientific expertise.

INSKEEP: Can you just help me out, then, with the Biden administration's thought process? Suppose the CDC says we need a mask mandate. The Biden administration is thinking about that, but also thinking about the future. Is it better for them to just ignore this ruling and let it be what it is? Or do they really need to appeal and get it overturned for future crises?

WILEY: There's a real gamble involved here. And I think the administration is facing tough decisions. The Supreme²⁷ Court, if the case makes it that far, could decide it in a way that preserves at least some room for a future administration to require masks on interstate transit, at least in some circumstances. I definitely think that's possible. But the Supreme Court could endorse²⁸ the trial court's reasoning. And it might be better to leave this week's decision as it stands now, since a single lower court decision doesn't have the same power to bind²⁹ future actions as a Supreme Court ruling would.

INSKEEP: It's a little unfair, but I'm going to ask it. Your gut³⁰ feeling - if it came down to you, would you appeal?

WILEY: I think I would. I think there's a real chance that the Supreme Court would at least adopt a better reasoning, at least leave the door open a crack for future actions in response to even more dire⁵ threats.

INSKEEP: Lindsay Wiley is a professor of public health law at UCLA. Thanks so much.

WILEY: Thank you.

1 mandate   

n.托管地；命令，指示

参考例句：

• The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
• The General Election gave him no such mandate.大选并未授予他这种权力。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 disallowed   

v.不承认（某事物）有效( disallow的过去式和过去分词 )；不接受；不准；驳回

参考例句：

• The judge disallowed that evidence. 法官驳回那项证据。 来自辞典例句
• Her claim was disallowed on the ground(s) that she had not paid her premium. 她要求赔款遭到拒绝，原因是她事先没有交纳保险费。 来自辞典例句

4 transit   

n.经过，运输；vt.穿越，旋转；vi.越过

参考例句：

• His luggage was lost in transit.他的行李在运送中丢失。
• The canal can transit a total of 50 ships daily.这条运河每天能通过50条船。

5 dire   

adj.可怕的，悲惨的，阴惨的，极端的

参考例句：

• There were dire warnings about the dangers of watching too much TV.曾经有人就看电视太多的危害性提出严重警告。
• We were indeed in dire straits.But we pulled through.那时我们的困难真是大极了，但是我们渡过了困难。

6 memo   

n.照会，备忘录；便笺；通知书；规章

参考例句：

• Do you want me to send the memo out?您要我把这份备忘录分发出去吗？
• Can you type a memo for me?您能帮我打一份备忘录吗？

7 vaccinations   

n.种痘，接种( vaccination的名词复数 )；牛痘疤

参考例句：

• Vaccinations ensure one against diseases. 接种疫苗可以预防疾病。 来自《简明英汉词典》
• I read some publicity about vaccinations while waiting my turn at the doctor's. 在医生那儿候诊时，我读了一些关于接种疫苗的宣传。 来自《简明英汉词典》

8 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

9 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

10 inspection   

n.检查，审查，检阅

参考例句：

• On random inspection the meat was found to be bad.经抽查，发现肉变质了。
• The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

11 fumigation   

n.烟熏，熏蒸；忿恨

参考例句：

• We think that the fumigation can be done in a large, round metal container. 我们觉得熏蒸过程可以在一个大圆金属容器内进行。 来自辞典例句
• In the northern states fumigation is needed only after insect outbreaks occur. 在北部各州，只在虫害发生后才进行熏蒸。 来自辞典例句

12 sanitation   

n.公共卫生，环境卫生，卫生设备

参考例句：

• The location is exceptionally poor,viewed from the sanitation point.从卫生角度来看，这个地段非常糟糕。
• Many illnesses are the result,f inadequate sanitation.许多疾病都来源于不健全的卫生设施。

13 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

14 contemplated   

adj. 预期的 动词contemplate的过去分词形式

参考例句：

• The doctor contemplated the difficult operation he had to perform. 医生仔细地考虑他所要做的棘手的手术。
• The government has contemplated reforming the entire tax system. 政府打算改革整个税收体制。

15 mitigate   

vt.（使）减轻，（使）缓和

参考例句：

• The government is trying to mitigate the effects of inflation.政府正试图缓和通货膨胀的影响。
• Governments should endeavour to mitigate distress.政府应努力缓解贫困问题。

16 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

17 extermination   

n.消灭，根绝

参考例句：

• All door and window is sealed for the extermination of mosquito. 为了消灭蚊子，所有的门窗都被封闭起来了。 来自辞典例句
• In doing so they were saved from extermination. 这样一来却使它们免于绝灭。 来自辞典例句

18 explicitly   

ad.明确地，显然地

参考例句：

• The plan does not explicitly endorse the private ownership of land. 该计划没有明确地支持土地私有制。
• SARA amended section 113 to provide explicitly for a right to contribution. 《最高基金修正与再授权法案》修正了第123条，清楚地规定了分配权。 来自英汉非文学 - 环境法 - 环境法

19 expertise   

n.专门知识(或技能等)，专长

参考例句：

• We were amazed at his expertise on the ski slopes.他斜坡滑雪的技能使我们赞叹不已。
• You really have the technical expertise in a new breakthrough.让你真正在专业技术上有一个全新的突破。

20 plausible   

adj.似真实的，似乎有理的，似乎可信的

参考例句：

• His story sounded plausible.他说的那番话似乎是真实的。
• Her story sounded perfectly plausible.她的说辞听起来言之有理。

21 eviction   

n.租地等的收回

参考例句：

• The family have won a temporary reprieve from eviction.这个家庭暂时免于被逐出。
• He claimed damages for unlawful eviction.他要求对非法驱逐作出赔偿。

22 moratorium   

n.(行动、活动的)暂停(期)，延期偿付

参考例句：

• The government has called for a moratorium on weapons testing.政府已要求暂停武器试验。
• We recommended a moratorium on two particular kinds of experiments.我们建议暂禁两种特殊的实验。

23 coordinate   

adj.同等的，协调的；n.同等者；vt.协作，协调

参考例句：

• You must coordinate what you said with what you did.你必须使你的言行一致。
• Maybe we can coordinate the relation of them.或许我们可以调和他们之间的关系。

24 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

25 implement   

n.(pl.)工具，器具；vt.实行，实施，执行

参考例句：

• Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。
• The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

26 navigate   

v.航行，飞行；导航，领航

参考例句：

• He was the first man to navigate the Atlantic by air.他是第一个飞越大西洋的人。
• Such boats can navigate on the Nile.这种船可以在尼罗河上航行。

27 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

28 endorse   

vt.(支票、汇票等)背书，背署；批注；同意

参考例句：

• No one is foolish enough to endorse it.没有哪个人会傻得赞成它。
• I fully endorse your opinions on this subject.我完全拥护你对此课题的主张。

29 bind   

vt.捆，包扎；装订；约束；使凝固；vi.变硬

参考例句：

• I will let the waiter bind up the parcel for you.我让服务生帮你把包裹包起来。
• He wants a shirt that does not bind him.他要一件不使他觉得过紧的衬衫。

30 gut   

n.[pl.]胆量；内脏；adj.本能的；vt.取出内脏

参考例句：

• It is not always necessary to gut the fish prior to freezing.冷冻鱼之前并不总是需要先把内脏掏空。
• My immediate gut feeling was to refuse.我本能的直接反应是拒绝。