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Two lawsuits revolved around claims that the plaintiffs were retaliated against by school boards because they refused to wear masks during public meetings.
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A Tampa-based federal judge in April 2022 halted a mandate that people wear masks on planes, trains and buses. The appellate panel cited the end to the public health emergency.
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The teacher “testified that, consistent with his training in natural sciences, he believes it is very important to ask questions and not blindly obey, or go along with, mandates,” and disputed the effectiveness of masks.
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The Justice Department argues that the order issued by the Centers for Disease Control and Prevention in early 2021 "falls easily within the CDC's statutory authority."
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Interviews for the poll were conducted last Thursday to Monday, shortly before a federal judge in Florida struck down the national mask mandate on airplanes and mass transit.
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DOJ spokesperson Anthony Coley says a notice of appeal had been filed in light of the determination by the CDC that wearing a mask "remains necessary to protect the public health."
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The CDC continues to assess public health conditions, and if the agency determines a mandate is necessary, the Justice Department will file an appeal.
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Judge Kathryn Kimball Mizelle's decision hinged on a definition of the word 'sanitation' that public health experts and legal scholars say missed the mark.
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TSA says it will no longer enforce the mandate after a Tampa-based judge's ruling. It didn't take long for major airlines to switch to a mask-optional policy, with some passengers cheering when the change was announced midfight.
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The decision was made in response to the increasing spread of the omicron subvariant and an increase in the seven-day moving average of cases, which have risen by around 25% over the last two weeks.