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Tags: mask mandate | airports | public transportation | kathryn mizelle
OPINION

Young Federal Judge Proves Freedom Still Reigns in America

freedom spelled out in clouds with blue sky background
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Michael Dorstewitz By Wednesday, 20 April 2022 12:00 PM EDT Current | Bio | Archive

Federal District Judge Kathryn Kimball Mizelle ruled Monday that the Centers for Disease Control and Prevention (CDC) exceeded its authority by extending its mask mandate for 15 days at airports and on public transportation.

But the outcry from the left made it clear that they didn't understand the order, didn't understand the functions of the three branches of government, or worse yet, don't understand what liberty is about.

Judge Mizelle concluded that "the mandate exceeded the CDC's statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions. Because 'our system does not permit agencies to act unlawfully even in pursuit of desirable ends,' the Court declared unlawful and vacates the mask mandate."

Lindsay Sabadosa, who describes herself as a "Progressive Democrat and State Representative, 1st Hampshire District" in Massachusetts, apparently knows less about how government operates than the typical 8th grade civics student.

"Today a federal judge called it overreach for US health officials to require masks on airplanes & other public transit," she tweeted, adding, "and no matter how you feel about masks, you should be really, really concerned that the Courts are effectively taking away power from the federal government."

First of all, the judge never claimed that mask mandates amounted to overreach by the CDC. That was never at issue. What she said was that the CDC didn't follow the process outlined in the Administrative Procedure Act.

Second, the notion that the federal "Courts are effectively taking away power from the federal government" is ludicrous. The court system is part of the federal government. It's one of the three co-equal branches and it serves as a check on the power of the other two.

Politico White House editor and MSNBC contributor Sam Stein apparently couldn't find fault in the reasoning of Mizelle's opinion — so he opted to attack her qualifications.

"The judge who made this ruling, Kathryn Kimball, is 35 yrs old. Was confirmed at the age of 33 during the lame duck," he said. "Judiciary matters."

On the other hand, Rep. Alexandria Ocasio-Cortez, a New York Democrat known for babbling nonsense at nearly every appearance, was 29 when she was elected and assumed office, and is 32 today. She's nonetheless considered a hero of the left.

And as far as that goes, Senate Democrats lauded the qualifications of Justice Ketanji Brown Jackson as the U.S. Supreme Court's first Black woman, despite the fact that she couldn't define the word "woman."

But the most ridiculous argument came from Valerie Jarrett, former senior adviser to President Barack Obama. She posted a photo of herself in her vehicle, apparently alone wearing a cloth mask.

"Wearing my mask no matter what non-scientists tell me I can do," she said.

Apparently, despite a University of Michigan law degree and having worked eight years in the Obama administration, Jarrett doesn't have a clue as to what freedom is or how it works.

She seems to believe everything is a mandate. It's not.

Just because Mizelle found the CDC mask mandate defective, airports and public transportation companies are free to impose their own mandates.

And if they choose to drop their mandates (as Amtrak, Uber, and numerous airlines have) individuals are free to continue wearing masks if it makes them feel comfortable.

Ah, but The New York Times' Paul Krugman envisions that those who decide to continue wearing masks will be subject to ridicule and possibly even assault.

"A prediction about masking," he began: "Soon we'll be seeing many incidents in which those who choose to protect themselves with KN95s etc face harassment, even violence. Because this was never about freedom."

He doesn't understand freedom either. Krugman has probably seen reports of masked people harassing those without masks and believes the same thing will happen in reverse.

Apart from some good-natured ribbing among friends, no one cares — few would even notice.

Freedom is premised on the idea that each person is best able to make his own life decisions based upon his own individual circumstances and experiences — you do you and I'll do me.

And masking has nothing to do with "the science." If it did, the Biden administration wouldn't allow millions of migrants to swarm across our southern border — without vaccines, tests or masks.

On October 27, 1964, Ronald Reagan delivered his "A Time For Choosing" address, also known as "The Speech."

"If we lose freedom here, there's no place to escape to," he said. "This is the last stand on earth."

And if we can't even define freedom, it's all the easier to have it taken away, without our knowledge or understanding.

Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.

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MichaelDorstewitz
Freedom is premised on the idea that each person is best able to make his own life decisions based upon his own individual circumstances and experiences — you do you and I'll do me.
mask mandate, airports, public transportation, kathryn mizelle
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2022-00-20
Wednesday, 20 April 2022 12:00 PM
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