Published April 19, 2022
Leftists predictably criticized the ruling from a federal judge on Monday voiding the Centers for Disease Control and Prevention’s mask mandate in transportation settings. They’re wrong. The decision was sound not only as a matter of law, but also a matter of public policy.
Judges decide legal questions, not political ones. That means critics of a judge’s ruling must first examine the merits of their reasoning. On that, U.S. District Judge Kathryn Kimball Mizelle had to decide two separate questions: whether the CDC had the legal power to issue its mandate, and if so, whether it exercised such power within the bounds of the Administrative Procedure Act.
Henry Olsen is a Washington Post columnist and a senior fellow at the Ethics and Public Policy Center.