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WASHINGTON, D.C. (LifeSiteNews) – The Biden administration asked the Eleventh Circuit Court of Appeals Tuesday to reinstate the federal mask mandate for public transportation, claiming that the requirement fell well within the “zone of reasonableness.”
In April, Florida-based federal Judge Kathryn Kimball Mizelle declared the mandate for planes and public transportation to be unlawful, arguing that “our system does not permit agencies to act unlawfully even in the pursuit of desirable ends.” In response, the Department of Justice (DOJ) quickly filed its notice to appeal, even though within hours of the ruling several airlines had already scrapped their mask mandates.
Now, the Washington Examiner reports that DOJ has filed its appeal to the Eleventh Circuit, claiming the U.S. Supreme Court has previously rejected arguments similar to Mizelle’s on the grounds that “the role of courts in reviewing arbitrary and capricious challenges is to simply ensure that the agency has acted within a zone of reasonableness,” a standard DOJ
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