Dr. Anthony Fauci told the Florida federal judge who struck down the CDC 's mask mandate for public transportation to stay in he...
Dr. Anthony Fauci told the Florida federal judge who struck down the CDC's mask mandate for public transportation to stay in her own lane - adding that he thinks the CDC should make the decision rather than 'a judge with no experience in public health.'
'The CDC has the capability, through a large number of trained epidemiologists, scientists, to be able to make projects and make recommendations,' the White House chief medical adviser said in a Thursday interview with CBS News.
U.S. District Judge Kathryn Kimball Mizelle in Tampa, an appointee of former President Donald Trump, struck down the Biden administration policy on Monday.
New York gubernatorial candidate Lee Zeldin harshly criticized Fauci's comments on The Ingraham Angle Sunday night, referring to the longtime White House COVID-19 adviser derisively as 'Lord Fauci.'
'Lord Fauci thinking that he has higher power than the legal system [is a] very slippery slope,' he said.
'In the name of a public health emergency, this type of an awesome power that he wants to claim going forward can end up going even further than what we witnessed for the last two years.'
In Judge Mizelle's 59-page ruling, she suggested that the mandate - in which non-complying travelers are 'forcibly removed from their airplane seats, denied board at the bus steps, and turned away at the train station doors' - was akin to 'detention and quarantine,' CNN reported.
Mizelle said the only remedy was to vacate the rule entirely because it would be impossible to end it for the limited group of people who objected to it in the lawsuit.
Dr. Anthony Fauci (left) said in a CBS interview that the Centers for Disease Control should have the final say in whether mask mandates are maintained on public transportation
Fauci also said that U.S. District Judge Kathryn Kimball Mizelle, who struck down the federal mandate, had 'no experience in public health'
New York gubernatorial candidate Lee Zeldin harshly criticized Fauci's comments on The Ingraham Angle Sunday night, referring to the longtime White House COVID-19 adviser derisively as 'Lord Fauci'
Judge Mizelle wrote in her decision that the mandate - in which non-complying travelers are 'forcibly removed from their airplane seats' -- was akin to 'detention and quarantine. Travelers are pictured at the Miami International Airport on Friday
The judge said 'a limited remedy would be no remedy at all' and that the courts have full authority to make a decision such as this — even if the goals of the CDC in fighting the virus are laudable.
'Because our system does not permit agencies to act unlawfully even in pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,' she wrote.
The Department of Justice filed a notice that it will appeal her ruling at the urging of the CDC.
'The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health,' the DOJ wrote in a Tuesday statement.
'That is an important authority the Department will continue to work to preserve.'
President Biden left for New Hampshire Tuesday wearing a mask as he boarded Air Force One. The White House has told officials and journalists to wear masks aboard the flight the day after a federal judge in Florida struck down the national mask mandate on planes
White House Press Secretary Jen Psaki called the ruling a 'disappointing decision' during her briefing Monday afternoon and advised Americans to continue wearing masks on public transport
The announcement of a potential appeal comes after a string of U.S. airlines have already told passengers that masks are optional.
The mandate had been due to expire on Monday before the CDC said it was extending the rule until May 3 to allow for the study of the BA.2 omicron variant which is causing the majority of cases across the nation.
During his appearance, Fauci also told correspondent Robert Costa that the variant, which emerged in March, did not 'appear to be associated with an increase in hospitalizations and severe disease.'
'It’s obvious to everyone we’re seeing that infections are on the rise. Whether or not that will result in an increase in hospitalizations, we don’t know. We hope not,' he told CBS News.
He said that he had urged Biden to follow CDC recommendations and mask up while traveling - anyone who traveled with the President to New Hampshire on Tuesday was also instructed to do so.
Fauci said that he, personally, will wear an N-95 mask in transit - but that Americans will have to assess the risk and 'have to make their own individual choice.'
'There are going to be plenty of people who are 25 years old, healthy and say, "No, as far as I’m concerned, I don’t like the discomfort of a mask,"' he said.
On Tuesday, Biden offered his own interpretation of the CDC recommendations when he was asked at the airport in New Hampshire whether passengers should continue to wear masks.
'That's up to them,' he said.
Fauci said that he, personally, will wear an N-95 mask in transit - but that Americans will have to assess the risk and 'have to make their own individual choice.' Travellers are pictured in the Miami International Airport on Friday, some wearing masks and others opting out
But White House principal deputy press secretary Karine Jean-Pierre contradicted the president's statement, saying that 'as the CDC recommends, the president thinks you should mask right now, especially as they learn more about BA.2.'
Although he said he still had a 'very, very good relationship' with Biden, one that existed 'long before he was president of the United States,' he hinted at an upcoming retirement.
'I've always said we've got to get this thing under control. I'm obviously 81 years old, at the point in my career where I'm going to have to sit down at some time,' he told Costa.
'But I would want it to be when get get this under better control. And we may be coming to that point right now. We may be closer to that now.'
Fauci also recalled 'uncomfortable' moments and 'tough times' when he worked under former President Donald Trump when he had to publicly contradict the administration and its top officials on COVID matters.
'I did not like that. I do not like having to do that,' he said. 'I am very respectful of the presidency. But I never said to myself, "I want to walk away from it."'
Following Judge Mizelle's ruling, Ohio Republican Congressman tweeted that 'Fauci Lost. Freedom Won.' Ahead of upcoming midterm elections, North Carolina Republican Congressman Madison Cawthorn renewed his criticism of Fauci ahead of midterm elections by repeatedly calling for the official to be fired or jailed.
Fauci lamented to Costa how political divisiveness has impeded the country's response to the pandemic.
'When you have a common enemy in the virus, you've got to all pull together, fight that common enemy. And the degree of profound divisiveness in the country has really hindered that,' he said.
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