PHOENIX— Arizona Attorney General Mark Brnovich is joining 22 states in filing an amicus brief that fights back against the Centers for Disease Control and Prevention’s (CDC) unconstitutional mask mandate on public transportation, like airplanes and buses. Back in the spring, a federal judge overturned the mask mandate, but the Department of Justice is appealing the ruling. The attorneys general argue that President Biden’s CDC mask mandate exceeds its authority and infringes on the ability of state leaders to enact their own public health rules.
"Upholding the law is especially important during times of emergency," said Arizona Attorney General Mark Brnovich. "Federal overreach is most often attempted under the guise of addressing a crisis."
The CDC claims it has authority to issue a mask mandate in its power to require "sanitation" measures under 42 U.S.C. § 264(a). However, the statute says the CDC cannot demand that domestic travelers be examined without evidence that they are carrying disease. The brief argues that the mandate is invalid because it failed to go through notice and comment procedures. The CDC rule is arbitrary and capricious with numerous exceptions the agency did not explain or justify.
General Brnovich joins the attorneys general of the following states in filing the brief: Florida, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia and West Virginia.
Read the full brief here.