The state of Texas has filed a lawsuit against the Biden administration seeking to block the federal mask mandate.
Background: Last year, President Biden signed an executive order mandating that masks be worn on planes, trains, and in airports.
Last month, the Supreme Court rejected a request to block the mandate for travel.
What Happened: Texas Attorney General Ken Paxton and the Texas Public Policy Foundation filed the lawsuit in Fort Worth on behalf of Rep. Beth Van Duyne.
The lawsuit targeted CDC Director Rochelle Walensky, CDC chief of staff Sherri Berger, and Health and Human Services Secretary Xavier Becerra as defendants.
What The Lawsuit Says: The lawsuit wrote that the federal government’s mask mandate is unconstitutional because it goes against an executive order signed by Gov. Gregg Abbott.
“The State, through the executive orders of its Governor, has determined that Texans can choose for themselves whether to wear masks and that Texas businesses cannot be required by State or local governmental entities to impose masking requirements,” the lawsuit reads.
The suit also questions the effectiveness of the mandate in stopping the spread of COVID-19 noting that the order contains no research or data pointing to the effectiveness of mask wearing.
The plaintiffs also argue that federal authorities did not have the authority to enact such a measure. They specifically said the Centers for Disease Control and Prevention (CDC) does not have the power to make or enforce “blanket preventative measures against people that may or may not carry infectious disease.”