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Judge Rated ‘Unqualified’ Kills Mask Mandate for Planes and Trains After Lawsuit Against CDC Cited Panic Attacks

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A federal judge nominated by Donald Trump but rated “unqualified” at the time by the American Bar Association just killed the CDC’s mask mandate for public transportation, including planes, trains, and buses.

U.S. District Court Judge Kathryn Kimball Mizelle in Tampa, Florida on Monday, ruled the Centers for Disease Control and Prevention had overstepped its legal authority, NBC News reports, when the mandate was put into place in February of 2021.

Ana Carolina Daza, Sarah Pope, and the Health Freedom Defense Fund challenged the mandate.

“Daza said her anxiety should qualify as a medical exemption to the CDC rule, while Pope said the ‘constricted breathing from wearing a mask’ exacerbated her panic attacks.”

Judge Mizelle, who clerked for Supreme Court Justice Clarence Thomas and is a member of the right-wing Federalist Society was nominated for a lifetime appointment to the federal bench at the age of 33 by then-President Donald Trump in 2020. Democrats walked out of theSenate Judiciary Committee’s hearing in protest, giving her a unanimous 12-0 vote.

The American Bar Association that year rated Mizelle “not qualified” to join the federal judiciary, citing her “insufficient experience.”

The ABA “says federal judicial nominees ordinarily should have at least 12 years of practice experience and ‘substantial courtroom and trial experience as a lawyer or trial judge is important,'” according to the ABA Journal.

“Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel.”

Senators Ted Cruz (R-TX) and Mike Lee (R-UT) both praised her nomination.

 

 

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BREAKING NEWS

‘I Cannot Think of Many Things More Frightening’: Justice Kagan Rebukes SCOTUS Conservatives Over EPA Ruling

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In a sharply-worded dissent, U.S. Supreme Court Justice Elena Kagan leveled extremely strong criticism against her right-wing colleagues who ruled in a 6-3 decision that the Environmental Protection Agency does not have broad authority to regulate greenhouse gasses as the climate warms to what experts warn are dangerous levels.

“The subject matter of the regulation here makes the Court’s intervention all the more troubling,” Justice Kagan writes in her dissent. “Whatever else this Court may know about, it does not have a clue about how to address climate change. And let’s say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions. The Court appoints itself—instead of Congress or the expert agency—the decision-maker on climate policy. I cannot think of many things more frightening.”

Justice Kagan began her lengthy dissent by saying: “Today, the Court strips the Environmental Protection Agency (EPA) of the power Congress gave it to respond to ‘the most pressing environmental challenge of our time.'”

The Clean Air Act, first signed into law by President Lyndon Johnson and amended over the years by Democratic and Republican presidents, has been used by the EPA for decades, successfully saving “millions of lives and trillions of dollars.”

Kagan highlights that “there was no reason to reach out to decide this case,” as it examines an executive branch policy that was never enacted, and criticizes what she sees as the Supreme Court’s previous “unprecedented” interference in the EPA’s activities.

“This Court has obstructed EPA’s effort from the beginning. Right after the Obama administration issued the Clean Power Plan, the Court stayed its implementation. That action was unprecedented: Never before had the Court stayed a regulation then under review in the lower courts.”

And she appears to be accusing the conservative majority of just making things up.

“The majority claims it is just following precedent, but that is not so. The Court has never even used the term ‘major questions doctrine’ before.”

The case is West Virginia v. EPA.

 

 

 

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Biden Blasts ‘Outrageous’ US Supreme Court – Calls to Change Filibuster to Codify Roe and Privacy Into Law

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In a speech to NATO leaders in Madrid, President Joe Biden criticized the “outrageous behavior” of the U.S. Supreme Court and called on the Senate to change the filibuster to allow a simple majority to codify Roe v. Wade and other essential rights to privacy into federal law.

His remarks are being hailed as an important step to protect a woman’s right to choose abortion, but also to protect the right of intimate relationships and the right of same-sex couples to marry. This is the first time he has called to change the filibuster to protect abortion and privacy rights. He previously called to change the filibuster to protect voting rights.

President Biden, responding to reporters’ questions at a news conference, stressed the need to codify the “right to privacy, not just abortion rights.”

“I believe we have to codify Roe v. Wade into law,” the President said. “And the way to do that is to make sure that Congress votes to do that. And if the filibuster gets in the way, it’s like voting rights. It should be we provide an exception for this, require an exception to the filibuster for this action to deal with the Supreme Court decision.”

“Right to Privacy, not just abortion rights, but yes, abortion rights,” he added.

“The one thing that has been destabilizing is the outrageous behavior of the Supreme Court of the United States,” Biden also told world leaders. “And overruling not only Roe v. Wade, but essentially challenging the right to privacy. We’ve been a leader in the world in terms of personal rights and privacy. rights. And it is a mistake, in my view for the Supreme Court to do what it did.”

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‘I’m the President’: Trump So Determined to Go to the Capitol He ‘Grabbed at the Steering Wheel’ From Secret Service: Aide

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After delivering his speech at the Ellipse telling supporters to march “to the Capitol,” promising them “and I’ll be there with you,” then-President Donald Trump got into the presidential limousine determined to see the insurrection.

Trump, his chief of staff Mark Meadows, the Secret Service, and many others knew rally-goers and insurrectionists had weapons, including AK-47s, according to Cassidy Hutchinson, an aide and advisor to Meadows.

On Tuesday, Hutchinson told the House Select Committee on the January 6 Attack that Trump ordered Secret Service to “get rid of the mags,” meaning the magnetometers – metal detectors – so his armed supporters could enter the Ellipse.

“You know, I don’t even care that they have weapons. They’re not here to hurt me,” Trump said.

Hutchinson also told the Committee that she was told by Trump White House aide Anthony Ornato that Trump ordered Secret Service to take him to the Capitol after his speech, but they refused.

“I’m the f-ing president! Take me up to the Capitol now!” Trump, irate, demanded, as The Washington Post reports.

“The president reached up towards the front of the vehicle to grab at the steering wheel. Mr. Engel grabbed his arm, said, ‘Sir, you need to take your hand off the steering wheel. We’re going back to the West Wing. We’re not going the Capitol,’” Hutchinson relayed.

“Mr. Trump then used his free hand to lunge towards Bobby Engel,” she said. “When Mr. Ornato had recounted this story to me, he had motioned towards his clavicle.”

This article has been updated to clarify Hutchinson’s account.

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