Masks Mandate - Article 42 - Government Overreach

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   Sharlee01posted 3 years ago

    
   It looks like Biden may get rid of article 42.  Simply, the U.S. Customs and Border Protection figures now show that more than 2 million unauthorized migrants came across the Mexican border in the calendar year and were apprehended or turned themselves in – in addition to those not stopped or detected.
   
   Article 42  was created by the Trump administration to help curb the spread of COVID. At this point the CDC claims we no longer need to implement article 42. ​ Source CDC
   https://www.cdc.gov/media/releases/2022 … le-42.html
   "Today, following a thorough reassessment, the CDC Director is issuing a Public Health Determination and terminating an Order under 42 U.S.C. §§ 265, 268 and 42 C.F.R. § 71.40 (i.e., “Title 42”), suspending the right to introduce migrants into the United States. In consultation with the Department of Homeland Security (DHS), this termination will be implemented on May 23, 2022, to enable DHS time to implement appropriate COVID-19 mitigation protocols, such as scaling up a program to provide COVID-19 vaccinations to migrants and prepare for resumption of regular migration under Title 8."
   
   Interesting article -- ACLU  March 29. 2022
   "
   ​​This week, the Centers for Disease Control will decide whether or not to finally end a policy that has shut down asylum at the Southern border for two years. The Trump White House reportedly pushed the CDC to use its public health authorities — Title 42 — to enact the shutdown, over CDC experts’ objections. Since taking office, the Biden administration has kept the policy in place, despite increasing condemnation from public health officials as well as the loosening of COVID-19 restrictions across the country.
   
   Under the Title 42 order, the Biden administration has repeatedly denied people fleeing violence and persecution the right to seek protection and has sent them directly back into harm’s way, subjecting Black and LGBTQ+ asylum seekers to particular risks. Human rights organizations have documented nearly ten thousand heartbreaking instances of people being kidnapped, tortured, sexually assaulted, and murdered as a result.
   
   These mass expulsions to danger fly in the face of American values and U.S. legal commitments. They are also an affront to the basic humanity of people seeking safe sanctuary and lack a public health rationale." source https://www.aclu.org/news/immigrants-ri … end-it-now
   
   Here is the sticky wicket ---   April 13, 2022 -  CDC Mask Order Remains in Effect and CDC Realigns Travel Health Notice System
   
   What judge ended the mask mandate?
   Judge Kathryn Mizelle
   "What to know about Judge Kathryn Mizelle, who struck down the travel mask mandate. The administration argued that masks qualified as "sanitation" under the law, but Mizelle disagreed, opting for a much narrower definition of the term that would exclude measures like face coverings.22 hours ago"
   
   MUST WATCH. CNN) "The Justice Department said Tuesday it will appeal a court ruling that struck down the federal government's mask mandate for travelers -- but only if the US Centers for Disease Control and Prevention determines the mandate is still necessary to protect public health."
   
   So, title 42 can be done away with due to the CDC feeling there is no more COVID threat due to COVID ---  and the removal of this policy will ultimately lead to a larger number of migrants coming to our border, and not being turned back to Mexico, and the Nations they came from.
   
   Now the absurd ---   The DOJ will appeal to have the mask mandates reinstated the Federal mask mandates reinstated. 
   
   Thought ---

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      Fayetteville Fayeposted 3 years agoin reply to this

      It strikes me as a big contradiction on the surface. I've read that the CDC wants more time to assess the impact of the new variant on hospitalizations, death and healthcare systems capacity.  You would think that the policy of Title 42 would naturally follow but any federal mandate.   It seems that the Biden administration will not challenge the courts rule to overturn the federal  mask mandate unless the CDC thinks it is still necessary.  At this point, masks should be a personal decision. I pray that this virus doesn't return in a more serious form.  I don't feel that Americans will ever return to wearing masks regardless of the consequences. The great majority in my state never wore them even at the height of the pandemic. It's natural selection in action. Darwin would be proud.

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         Sharlee01posted 3 years agoin reply to this

         CDC article 42  ---  "After considering current public health conditions and an increased availability of tools to fight COVID-19 (such as highly effective vaccines and therapeutics), the CDC Director has determined that an Order suspending the right to introduce migrants into the United States is no longer necessary."
         
         It would appear they feel differently about where we stand with the danger of flying on planes, that mask should be required to stop the spread of a well-mutated virus. Today, they are still saying masks are necessary for public health. Yet we have thousands daily crossing our border requesting asylum, the majority released into our population. With only the option to be vaccinated. Their choice...
         
         Just another note ---  Yesterday Biden had a meeting with many of his cabinet members, it was televised. No one was wearing a mask.
         
         
         This confusion, due to decisions that contradict one another, is once again a perfect example of ridiculous decision-making making by the CDC.  It makes no sense whatsoever. 
         
         It will appear the CDC  had exceeded its authority under law in regards to the mask mandate to be worn on modes of transport.  I guess we will watch this head to another court, and on to the Supreme Court.  And I think this is a good thing. It will put an end to the CDC's power grab once and for all... That is if the Supreme Court will hear the case. It's pretty well frivolous.  This DOJ is so very political --- scary
          
         
         Notice anything? Makes me wonder why I should wear a mask on a plane. Do as I say, not what I do...

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   Sharlee01posted 3 years ago

   "FIRST ON FOX: Twenty-one Republican states suing the Biden administration to stop the Title 42 public health order are now seeking a temporary restraining order to prevent any lifting of the order ahead of the May 23 rollback date.
   
   Three states, Arizona, Louisiana, and Missouri, initially sued the Biden administration earlier this month over the move to end Title 42, which was implemented by the Trump administration in March 2020 in response to the COVID-19 pandemic and allows for the rapid expulsion of migrants at the border, on May 23.
   
   "This suit challenges an imminent, man-made, self-inflicted calamity: the abrupt elimination of the only safety valve preventing this administration’s disastrous border policies from devolving into an unmitigated catastrophe," the complaint states.
   
   "Once again the Biden Administration is thumbing its nose at the American people and the rule of law," Arizona Attorney General Mark Brnovich said in a statement to Fox News Digital Thursday. "It cannot be allowed to continue in this recklessness."
   https://www.foxnews.com/politics/republ … r-title-42
   
   We need laws, not bandaids.  Title 42 was a bandaid, like all the other policies that have allowed migrants to just walk in. at stagering numbers.

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   Sharlee01posted 3 years ago

   What judge ended the mask mandate?
   Judge Kathryn Mizelle
   "What to know about Judge Kathryn Mizelle, who struck down the travel mask mandate. The administration argued that masks qualified as "sanitation" under the law, but Mizelle disagreed, opting for a much narrower definition of the term that would exclude measures like face coverings.22 hours ago"
   
   The media are making attempts to cast a shadow on Judge Mizelle. Pointing out she was appointed by President Trump and the fact that during her Senate confirmation process, the American Bar Association (ABA) said she was not qualified for the position because she had not been practicing law for long enough.
   
   Well lets' add a bit of context to what the ABA added to their evaluation.---  "In a letter to the leaders of the Senate Judiciary Committee, the head of the ABA Standing Committee on the Federal Judiciary said that a majority of his group had deemed that Mizelle did "not meet the requisite minimum standard of experience necessary to perform the responsibilities required by the high office of a federal trial judge."
   
   "Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel," the ABA said, She did, however, have four federal clerkships, spend 10 months at a law firm and "approximately three years in government practice," which the ABA said equates to five years of trial court experience.
   
   The ABA said her integrity and demeanor were not in question and complimented her keen intellect, strong work ethic, and impressive resume"
   
   A little about the Judge --    Mizelle sits on the District Court for the Middle District of Florida. She was nominated by former President Donald Trump in September 2020 at age 33 and confirmed by a 49-to-41 Senate vote later that year.
   
   The 2012 law school graduate has worked in at the U.S. Department of Justice and in private practice at Jones Day, and served as a law clerk for several federal judges as well as Supreme Court Justice Clarence Thomas.
   
   Mizelle is an adjunct professor of law at the University of Florida Levin College of Law (her alma mater) and belongs to the conservative Federalist Society, which advocates for an originalist interpretation of the U.S. Constitution.
   
   She is married to Chad Mizelle, who served as acting general counsel in the Department of Homeland Security during the Trump administration..
   
   Here is the 56 page ruling on article 42
   https://s3.documentcloud.org/documents/ … 235804.pdf
   
   Will her ruling stand?  This should be a very interesting appeal.

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      wildernessposted 3 years agoin reply to this

      "The media are making attempts to cast a shadow on Judge Mizelle."
      
      They certainly are.  I've heard the bit of news that she said mask rules were not legal 3 times now, and every time the biased MSM made sure to include that she was a Trump appointee.  An obvious attempt to cast doubt on her legitimacy to be a judge - to discredit any decision she might make.

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         Sharlee01posted 3 years agoin reply to this

         Yes, and is not using the mask the perfect way to try and cancel this judge out? The glorious mask...   Hey, I read the 56-page ruling, and I say she will win out... Hopefully, the DOJ takes it all the way to the Supreme Court. The egg they toss in one's face always sticks better and lasts longer...
         
         This should set a wonderful precedent and we will no
         longer see the CDC handing down mandates that they do not have the legal right to hand down.
         
         The way I look at it, this will be another move to take away Government overreach from this administration. Who knows if the CDC goes unchecked what they will come up with next.

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   Sharlee01posted 3 years ago

   Texas National Guard soldier feared dead after trying to save migrant
   https://nypost.com/2022/04/22/texas-nat … -migrants/
   
   Identified: Texas National Guard soldier who presumably drowned in the Rio Grande River is 22-year-old Bishop Evans who died trying to save two migrants suspected of drug trafficking – and his body still isn't recovered   https://www.dailymail.co.uk/news/articl … ns-22.html

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   Sharlee01posted 3 years ago

   Dozens of suspected terrorists have been stopped at the border since Biden took office
   https://nypost.com/2022/04/19/dozens-of … ok-office/
   
   Dozens of people on terrorist watch lists have been caught trying to cross the border illegally since President Joe Biden took office in January 2021, according to FOX News.
   
   Texas Congressman Chip Roy slammed Biden and Homeland Security Secretary Alejandro Mayorkas in a tweet on Tuesday, blaming them for the 42 individuals with possible terrorist ties who attempted to sneak into the country."
   
   When will Congress provide laws that will secure our borders from Terrorist walking in?

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      wildernessposted 3 years agoin reply to this

      "When will Congress provide laws that will secure our borders from Terrorist walking in?"
      
      When Mexico takes care of their borders, vetting and restricting people from crossing either into or out of their country.
      
      At that point our laws will be effective.  When someone else takes the reins rather than our own Congress.

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         Sharlee01posted 3 years agoin reply to this

         Great point. Trump was working with Mexico to do just that.
         
         July 13, 2019 The Mexican government's main promise was to deploy its National Guard, even if it had not officially been created yet. NPR has seen many members of the new force still wearing army or marine uniforms but with National Guard armbands. About 6,500 guard members are deployed near Mexico's southern border with Guatemala and another 15,000 are patrolling the northern part of Mexico, on its side of the U.S. border, according to Mexican officials. The National Guard is working, often alongside immigration enforcement agents, to prevent migrants from entering Mexico from Guatemala in the south, and to stop them from leaving to the U.S. in the north.
         
         https://www.npr.org/2019/07/13/74000910 … umps-terms
         
         After surging in 2019, migrant apprehensions at the U.S.-Mexico border fell sharply in fiscal 2020
         https://www.pewresearch.org/fact-tank/2 … al-2020-2/
         
         Trump's policies were showing progress in cutting the number of migrants coming across our borders. Crossing fell to half from 2019 to 2020

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