9 Replies to “In Case You Were Wondering About the CDC’s Appeal Against the Mask Mandate Bans”

  1. Had the CDC actually followed the APA and allowed a 30 day comment period, they wouldn’t have lost…

    instead they tried claiming it wasn’t a rule, and even if it was, it’s of such major importance that they didn’t have to allow for a comment period because of the following reasons: “Because we said so”

    ” “There is another, independent reason supporting vacatur: Such relief is necessary to grant complete relief to Plaintiffs. Whatever doubts surround nationwide injunctive relief in general, there is no doubt an Article III court “may administer complete relief between the parties, even [if] this involves the determination of legal rights which otherwise would not be within the range of it’s authority.” Kinney-Coastal Oil co. v. Kieffer, 277 U.S. 488, 507(1928); see also Trump v. Hawaii, 138 S. Ct. 2392, 2427 (2018) (Thomas, J., concurring) (explaining that historic equity permitted relief to benefit third parties if it was “merely a consequence of providing relief to the plaintiff”) ” Pg 57 of the decision

    guess no one would expect a judge appointed by trump would use a trump loss as precident

    1. It is Faust, both parts.
      Not that anyone bothered to read Goethe.
      See you at the crossroads, brother.

      Oh, while I’m here, I have seen lots of “pendulum” comments across many narratives.
      Let us hope for the pendulum and not the ratchet.

      Fenris… what say you?

  2. Even the German Reichstag transferred its powers to the German Fuhrer by passing the Enabling Act of 1933. They actually used a real legally passed LAW to give up their powers to the Nazi Dictator in 1933.

    https://en.wikipedia.org/wiki/Enabling_Act_of_1933

    Fauci and the CDC arbitrarily usurped the authority with no legislation or even an attempt at using the regulatory approval process. It is shameful when the Nazi’s had more legal authority for their actions than unelected American bureaucrats. (And how many other “Freedom Loving” Democratic Nations, like New Zealand, Britain, and Australia?)

  3. I found the analysis a bit off by a fraction. It is NOT the CDC that is leaning towards Authoritarianism. They are but a tool (not unlike the media). They are called upon…they don’t do the calling. It is another facet of weaponization to apply in the acquisition of ideological goals.

    It is more akin to the current administration and their drafting of correspondence for the NEA in furthering their goals of applying the FBI and DOJ against parents. I’m willing to bet that at the same time the Biden administration was saying publicly that they would not appeal the court ruling on masks and travel, they were in direct contact with the CDC asking that they take a hardline stance on the opposite.

    Biden gets to say…”Hey, man. I’m not mandating masks.” While his DOJ pursues a reversal of the Federal court decision. If it gets overturned, he has political cover once again. Today’s politics writ large.

Navigation