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Tipsheet

Republican AGs Slap Biden With Another Lawsuit

(AP Photo/Andrew Harnik)

Nearly two dozen Republican attorneys general issued a lawsuit against the Biden Administration Tuesday afternoon in opposition to ongoing mask mandates on federal transportation. 

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In the lawsuit, issued by 20 states, the attorneys general argue the Centers for Disease Control has overstepped its pandemic authority and failed to give proper comment periods before instituting or extending the mask mandate. They also detail Americans have been harmed by implementation and that enforcement is arbitrary and capricious. 

"The mandate allows removing one’s mask for certain brief periods, such as while eating or drinking, while unconscious (but not while asleep), and while wearing an oxygen mask on an airplane," the lawsuit states. "Violation of the mandate carries 'criminal penalties,' although the CDC has announced that it 'does not intend to rely primarily on these criminal penalties' because it “anticipates widespread voluntary compliance.”

The plaintiffs are asking the United States District Court in Tampa for the following:

a) Hold unlawful and set aside the mask mandate.

b) Issue permanent injunctive relief enjoining Defendants from enforcing the

mask mandate.

c) Issue declaratory relief declaring the mask mandate unlawful.

d) Award Plaintiffs costs and reasonable attorney’s fees.

e) Award such other relief as the Court deems equitable and just.

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“The CDC’s mask mandate on public transportation, like air travel, is scientifically unnecessary at this stage of the pandemic. Not only are the CDC’s mask mandates for public transportation an example of federal overreach, but they are outdated as states across the country have lifted mask mandates in other aspects of daily life,” Virginia Attorney General Jason Miyares released in a statement about the lawsuit.

On Tuesday afternoon, Florida Governor Ron DeSantis previewed the lawsuit. 

Arizona, Utah, Florida, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Virginia and West Virginia joined the lawsuit. 

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