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Airline travelers, some not wearing face masks following the end of the federal mask mandate, sit throughout a American Airlines flight operated by Sky, West Airlines from Los Angeles International Airport to Denver, on Tuesday. Patrick T. Fallon/AFP through Getty Images Patrick T. Fallon/AFP by means of Getty Images Airline company guests, some not using face masks following completion of the federal mask required, sit during a American Airlines flight run by Sky, West Airlines from Los Angeles International Airport to Denver, on Tuesday.
Fallon/AFP through Getty Images When U.S. District Judge Kathryn Kimball Mizelle tossed out the federal government's transportation mask required on Monday, she relied in part on her analysis of the term "sanitation." The 10-letter word can be discovered in the general public Health Service Act, a sprawling 1944 law that gave the federal government particular powers to react to public health emergencies.
Specifically, the law says that if the government is trying to avoid the spread of infectious diseases, it can "provide for such assessment, fumigation, disinfection, sanitation, pest extermination, damage of animals or posts found to be so infected or contaminated regarding be sources of unsafe infection to humans, and other procedures, as in his judgment might be necessary." The administration argued that masks certified as "sanitation" under the law, but Mizelle disagreed, selecting a much narrower meaning of the term that would exclude steps like face coverings.
" If among my students kipped down this opinion as their final exam, I do not know if I would concur that they had gotten the analysis correct," said Erin Fuse Brown, a law teacher at Georgia State University. "It reads like someone who had chosen the case and then attempted to dress it up as legal reasoning without in fact doing the legal thinking," she included.
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In this instance, that's 1944. Mizelle states "sanitation" might have been taken to mean either actively cleaning something or steps to keep something tidy, however ultimately chooses the former definition. "Wearing a mask cleans nothing. At a lot of, it traps infection beads," Mizelle wrote. "However it neither 'sterilizes' the person wearing the mask nor 'sanitizes' the conveyances." Mizelle states her reading is bolstered by the fact that other words noted along with "sanitation" in the 1944 law such as "fumigation" or "pest extermination" refer specifically to cleaning something or trying to clean out a disease.