Airline pilots sue to end airline mask mandates
“The Court should vacate worldwide2 the [airlines mask mandate] because it is an illegal and unconstitutional exercise of executive authority. The mask mandate is procedurally defective because the defendants adopted it without following the Administrative Procedure Act’s notice-and-comment requirements or considering the impact on tens of millions of travelers and transportation workers every single day. They also ignored countless scientific and medical studies and articles showing that face masks are totally ineffective in reducing coronavirus spread but are harmful to human health in at least 68 ways. Congress never intended for the Executive Branch to have the authority to promulgate this policy – and even if it did, it’s unconstitutional. CDC and HHS may not exercise their authority in a manner that is inconsistent with the administrative structure that Congress enacted.
We have serious concerns about the safety implications of the mask mandate, none of which were studied by CDC or HHS as the policy was rushed into place only 12 days after the inauguration of a new president who made a national mask mandate a top campaign promise – even though he acknowledged it was likely unconstitutional.
The defendants have illegally failed to give passengers and employees our legally guaranteed option under the Food, Drug, & Cosmetic Act (“FDCA”) to refuse to use a medical device (face mask) not approved by HHS’ Food & Drug Administration (“FDA”) or allowed only under an Emer- gency Use Authorization (“EUA”).”