The Runaway Judge

Remember all the talk of judicial modesty and not legislating from the bench during the KBJ hearings? It was exposed as blather, bluster, and bullshit by a federal judge in Florida yesterday. Judge Kathryn Kimball Mizelle exceeded her jurisdiction by striking down the CDC’s transportation mask mandate.

My initial reaction was that it was no big deal since she’s a district court judge whose ruling would only apply to the case before her. Instead, the ruling applied to the whole damn country. Holy judicial immodesty, Batman.

Federalist Society judges despise the administrative state and agencies such as the CDC. In this case that led this Trump appointed judge who was deemed unqualified by the ABA to substitute her judgment for that of the CDC. A true judicial conservative would have deferred to the agency’s expertise.

Judge Mizelle tried to dress up this pig of a decision by going on about sanitation:

“She dedicates pages of writing to the definition of the word “sanitation,” about which the CDC is empowered by law to promulgate regulations. While acknowledging that a definition of the word entails preserving something’s cleanliness, she rejects the agency’s interpretation.

“Wearing a mask cleans nothing,” Mizelle writes. “At most, it traps virus droplets. But it neither ‘sanitizes’ the person wearing the mask nor ‘sanitizes’ the conveyance.”

Is she a judge or a sanitation engineer? This guy was in waste management, which is the same thing:

Should we substitute Tony’s judgment for the CDC’s? Or maybe even Artie Bucco’s judgment. He’s a fictional chef, he knows from sanitary.

You know what they say: Garbage in, garbage out.

Freedom, man. Garbage, man:

The runaway judge expressed some qualms about issuing such a broad ruling but dismissed them because freedom, man:

“While the Court recognizes the criticism about nationwide injunctive relief and admittedly shares some of the skepticism about it … the weight of authority and judicial practice instructs that vacatur is an appropriate remedy for an APA violation.”

She might as well have said that Florida is a leading vacatur destination. That makes no sense but neither does this ruling as it hinders the CDC’s ability to deal with future health emergencies.

Florida is increasingly the locus for bad ideas in the country. There’s an argument to be made for Texas, but the Impeached Insult Comedian’s permanent relocation to Florida sealed the deal. Freedom, man.

There’s some talk that the DOJ shouldn’t appeal this decision because the mask mandate was to be lifted in May. I disagree. This ruling by the runaway judge is an abuse of judicial discretion and could encourage other judges to follow suit. District Court judges should not be allowed to set precedents in cases with nationwide implications.

Given how far the federal judiciary has moved to the right, we can expect more daft rulings from unqualified Trump appointees who are full of Federalist Society bullshit. All their talk of judicial modesty is a fig leaf to cover their judicial immodesty.

Repeat after me: they’re not conservatives.

The last word goes to Del Shannon:


3 thoughts on “The Runaway Judge

  1. That entire diatribe on sanitation is crazy. I’m a not a lawyer but I saw nothing germain to the law or what she did in any of that.

  2. Another Inigo Montoya moment, brought to you by the Federalist Society: “Conservative. You keep using that word. I do not think it means what you think it means.”

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