Attorney General Jeff Landry is once again fighting back against federal mandates – this time, joining Louisiana to a 21-state legal action against Joe Biden’s Centers for Disease Control and Prevention (CDC) continued use of the unlawful mask mandate on public transportation.
Attorney General Landry argues that the mandate exceeds the authority of Biden’s CDC. “The Biden Administration continues to use a failed interpretation of a quarantine statute – one that has been ruled against in court several times – to authorize the CDC’s rule,” explained Attorney General Landry.
“This unlawful mask mandate not only harms our State, but also runs against logic and reason,” added Attorney General Landry. “Enough is enough: it is time for these draconian measures to cease; the decision to wear a mask should be made by citizens not dictated by government.”
In their complaint for declaratory and injunctive relief, Attorney General Landry and his colleagues argue that the CDC’s unlawful 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, required notice and comment that was not given before being implemented and did not consider actions that states had already taken to control the spread of COVID-19. 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 unlawful mask mandate and a permanent injunction against enforcement.
“Biden’s top-down, authoritative approach does not work and violates freedom,” concluded Attorney General Landry. “I will continue to fight for individual liberty and protect the people of Louisiana from government overreach.”