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.