Alaska joins lawsuit against federal face mask mandate on planes, trains, buses

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Attorney General Treg Taylor joined a coalition of states in a lawsuit against the Center for Disease Control and Prevention, challenging the mask mandate on public transportation.

The lawsuit asserts that the state of the science has changed immensely over the past year, as admitted by the CDC itself, and yet, the unlawful and unnecessary mask mandate remains in place.

“The State of Alaska will continue to fight for the rights of its citizens,” said Gov. Mike Dunleavy. “It has been a tough two years, and although certain precautions may have been necessary early on, the science shows they are no longer needed. The CDC needs to get back into its lane and release its stranglehold on private citizens and businesses. Let Alaskans decide for themselves how to best protect their health.”

First issued in January 2021, the federal mask mandate requires travelers to wear masks while using public transportation services or facilities, including commercial airlines, trains, boats, and other conveyances. 

The lawsuit argues that that the CDC does not have the authority to introduce or enforce these restrictions on American citizens. This measure was not authorized by Congress, and the CDC did not put the mandate up for notice and comment, which is typically required for these type of regulations, Dunleavy and Taylor said.

“Ignoring the standard established under the Administrative Procedure Act is not only illegal but deeply concerning,” states Attorney General Treg Taylor. “The CDC’s pattern of behavior continues to undermine the separation of powers doctrine embedded in our Constitution and Americans right to participate in the regulatory process through notice and comment.”

Individuals will be subjected to criminal penalties if they fail to comply with the Administration’s mask mandate. According to the lawsuit, this blanket preventative measure would be equivalent to creating a general federal police power.

The Administration is facing a similar lawsuit over the federal mask mandate from a group of airline pilots who referred to the regulation as unconstitutional and unsafe.

Alaska is joined in the lawsuit by Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia and West Virginia. 

8 COMMENTS

  1. Protesting Chinese Covid masks without also protesting the TSA actions/requirements at airports is at best disingenuous, even if it was not a big election year. I would wear two or even three masks, whatever it would take, if we were rid of the TSA.

    • That’s a fair point. This is similar to saying private businesses can do what they want. If you were to remove all regulations on all businesses and then say they can do what they want. We can have that conversation.

      • Corporations are fictitious persons without rights. The US Constitution reserves our God-given natural and other rights. Corporations must abide by the laid down law, the US Constitution. It is a privilege not a right to do business in the US. The agencies are PERHAPS our agents and they can never usurp the people’s rights in our republic form of government or ascend a throne as our sovereign.

  2. I could not agree with Kayak more in regard to TSA….they should have gone long ago…they protect no one and one could forcefully make a good case that the normal day to day activities and very presents of TSA at airport check in stations with their disruptive procedures serve only negative purposes for both airlines and the traveling public…

  3. A lot of our liberties were temporarily taken away after 911, and they have become permanent. Time to change. We must start at local level. They are all masking up in our capital because the liberals attended some fest and contracted the virus, despite being vaxed and wearing masks. Go figure.

  4. Mask are for criminals and traitors. Now you have shedding from those that have taken the killer jab, when you give up individual freedom for safety, you’ll lose both.

  5. Finally, our governor grows a spine. Stand up against the Kung Flu Mandates until they are wiped off the face of the earth

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