Carr Continues to Push Back Against Biden Administration’s Unlawful Transportation Mask Mandate

ATLANTA, GA – Attorney General Chris Carr has joined 22 states in filing an amicus brief in support of ending the Biden administration’s mask mandate for public transportation and transportation hubs. In March 2022, Carr filed a lawsuit challenging this mandate, which was later vacated by a federal judge. The Biden administration is appealing this order. 

“Enough is enough – everyone from travelers to airline CEOs requested for this to end, yet President Biden continues to ignore the law, the facts and common sense,” said Carr. “We will keep pushing back until this administration stops with its inexplicable attempts to implement its sweeping mandate, which has long since worn out its welcome.”

As enacted by the Centers for Disease Control and Prevention (CDC), the federal mask mandate applies to airplanes, trains, buses, ships and other modes of transportation. Specifically, the rule requires that masks be worn by all personnel and passengers two years of age and older.

After a federal judge in Florida vacated the rule in April 2022, the Biden administration filed an appeal requesting that the Eleventh Circuit reverse the district court’s order and allow the federal mask mandate to take effect.

In the brief, the attorneys general argue that the federal mask mandate:

• Exceeds the authority of the CDC;
• Is arbitrary and capricious;
• Illegally bypassed notice and comment; and
• Was correctly vacated by the district court.  

The brief was filed in the U.S. Court of Appeals for the Eleventh Circuit.

In addition to Carr, the attorneys general of the following states also joined in filing the brief: Alabama, Alaska, Arizona, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia and West Virginia.

Access a copy of the brief here .