KANSAS CITY, Mo. — The Kansas and Missouri attorneys general, Derek Schmidt and Eric Schmitt, have joined 19 other states in a federal lawsuit against the Centers for Disease Control and Prevention's mask mandate on public transportation.
“It’s far past time for the mask mandate on public transportation to be rescinded. The Biden Administration and the CDC have no authority to force people to wear masks on flights or on buses,” Schmitt said.
In the complaint, the attorneys general state that the CDC has made "unprecedented" assertions of power using a statute aimed to stop the spread of COVID-19 by "identifying, isolating and destroying the disease itself." The complaint claims that this statute does not allow for economy-wide mask requirements,
"The administration’s recent decisions to extend it for yet another month has left us little choice but to turn to the courts for relief,” Schmidt said.
The lawsuit also claims that proper notice and comment was not given before implementation of the mandate and violates the anti-commandeering doctrine.
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