JEFFERSON CITY, Mo. – Attorney General Schmitt Tuesday joined 20 other states in a multistate action against President Biden’s Centers for Disease Control and Prevention’s continued use of the mask mandate on public transportation. The attorneys general argue that the mandate exceeds the authority of the CDC.
“It’s far past time for the mask mandate on public transportation to be rescinded.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,” said Attorney General Schmitt. “I’ve pushed back at every turn, and will continue to push back on this unprecedented government overreach.”
In their complaint, the attorneys general argue that the CDC’s mask mandate exceeds the agency’s authority in several ways. First, the statute used to justify the mandate does not authorize economy-wide measures. Second, the statute only authorizes rules directly related to preventing the interstate spread of disease—it does not permit mask requirements for individuals who show no sign of infection.
Additionally, the complaint highlights that the CDC rule is arbitrary and capricious and required notice and comment that was not given before being implemented. The mandate also requires state-run conveyances and transportation hubs to affirmatively enforce the rule, in violation of the anti-commandeering doctrine.
The complaint seeks the eradication of the mask mandate and a permanent injunction against enforcement.
Attorney General Schmitt joins the attorneys general from the following states in signing onto the complaint: Florida, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, and West Virginia.
The full complaint can be found here: https://ago.mo.gov/docs/default-source/press-releases/mask-complaint-as-filed.pdf?sfvrsn=ea71ffd_2
