TSA can require masks on planes, public transit

The Supreme Court ruled that gave the TSA the authority to require masks on planes, trains and other forms of public transport.

Respiratory illnesses, such as influenza, respiratory syncytial virus (RSV), and COVID-19, are on the rise across the United States. Many on Twitter are calling out to public health authorities and federal officials #BringBackMasks in an attempt to stop the spread.

In April, the Transportation Safety Board (TSA) stopped requiring masks to be worn on public transit after a federal judge overturned the CDC’s federal mask regulation that the agency This is executing.

But an online post claims it’s possible such a quest could make a comeback.

On November 2, Dr. Lucky Tran, director of science communications and media relations at Columbia University’s Irving Medical Center, tweeted: “The Supreme Court has ruled that the TSA can issue orders to wear masks on airplanes, trains, and other forms of transportation.” The tweet has garnered more than 14,000 likes since it was first posted.

QUESTION

Can the TSA require a mask to be worn on planes, trains, and other forms of transportation?

SOURCES

ANSWER

This is the truth.

Yes, the TSA may require the wearing of a mask on airplanes, trains and other forms of transportation after the Supreme Court authorizes a lower court ruling.

WHAT WE FIND

On October 31, the Supreme Court denied a request to hear the Corbett case against the Transportation Security Administration (TSA), which questioned whether the TSA had the authority to issue mask requirements. on public transport or not.

In January 2021, the TSA issued a number of directives and orders requiring masks to be worn in airports, on planes, buses, and trains in response to the COVID-19 pandemic.

Jonathan Corbett, a California attorney and frequent flyer, filed a petition a month later asking for the TSA’s authority to issue a mask-wearing order on public transit.

On December 10, 2021, the United States Court of Appeals for the District of Columbia Circuit found nothing in Corbett’s statement, which stated that the TSA had authority to address “safety and security threats” in the transportation system during the COVID-19 pandemic, including requiring face masks.

Corbett asked the Supreme Court to overturn the decision of the US Court of Appeals, but the high court denied his request to review the case, allowing the lower court’s decision to be upheld. This means that the TSA still has the authority to require face coverings on planes, airports and other forms of public transit should it decide to issue a mask order in the future.

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According to Lindsay Wiley, a law professor at UCLA Law, Corbett sues the TSA and the CDC’s federal mask mandate, which was dropped by a Florida judge in April, as two separate cases that are indirectly related to together.

In an email, Wiley said the court’s decision in April to overturn the federal mask mandate “does not address the question of the TSA’s statutory authority to issue a directive requiring face coverings.” .” Instead, it focused solely on the authority of the CDC, not the TSA, which Corbett sued the TSA only questioned.

“The TSA Security Directive and the Emergency Amendment Requires Face Covering (and all subsequent renewals) include language indicating that the TSA directives are ‘enforcing’ the January 2021 order CDC’s requirement to wear masks on public transport and in transportation centers In this sense, the directives TSA has implemented do not rely solely on the statutory authority of the TSA; they also conclude under the authority of the CDC,” Wiley told VERIFY.

“In April 2022, when the district court ruling in the Medical Freedom Defense Fund sued Biden invalidated the CDC order, it allegedly put the TSA directives on worse grounds. , because they directly referenced the CDC order in addition to citing the TSA’s independent regulator,” Wiley said.

The TSA may have issued a new version of its directives without reference to or based on the CDC order but solely on the TSA’s independent agency at any time between April and October 31, Wiley said. However, the TSA’s mask requirement expired on April 18 when the federal mask regulation was repealed and is not currently in effect.

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https://www.king5.com/article/news/verify/travel-verify/supreme-court-tsa-mask-mandates-public-transportation-airports-fact-check/536-f2c888ae-8965-49a0-8806-055551833553 TSA can require masks on planes, public transit

Edmund DeMarche

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