Judge who tossed the mask mandate misunderstood ‘s…


Airline passengers, some not wearing face masks following the end of the federal mask mandate, sit during a American Airlines flight operated by SkyWest Airlines from Los Angeles International Airport to Denver, on Tuesday.

Patrick T. Fallon/AFP via Getty Images


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Patrick T. Fallon/AFP via Getty Images


Airline passengers, some not wearing face masks following the end of the federal mask mandate, sit during a American Airlines flight operated by SkyWest Airlines from Los Angeles International Airport to Denver, on Tuesday.

Patrick T. Fallon/AFP via Getty Images

When U.S. District Judge Kathryn Kimball Mizelle tossed out the federal government’s transportation mask mandate on Monday, she relied in part on her interpretation of the term “sanitation.”

The 10-letter word can be found in the Public Health Service Act, a sprawling 1944 law that gave the federal government certain powers to respond to public health emergencies.

The Biden administration relied on a piece of the Public Health Service Act to defend its COVID-19 mask mandate on airplanes and other forms of mass transit.

Specifically, the law says that if the government is trying to prevent the spread of communicable diseases, it can “provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be…