Missouri, Kansas AGs join other states in effort to end mask mandate on public transportation

Eric Schmitt and Derek Schmidt are among 21 attorneys general who signed on
Missouri Attorney General Eric Schmitt (left) and Kansas Attorney General Derek Schmidt (right).
Missouri Attorney General Eric Schmitt (left) and Kansas Attorney General Derek Schmidt (right).(Jeff Roberson, John Hanna - AP)
Published: Mar. 29, 2022 at 4:18 PM CDT
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KANSAS CITY, Mo. (KCTV) - Missouri Attorney General Eric Schmitt and Kansas Attorney General Derek Schmidt have joined a 21-state effort to end the mask mandate in place on public transportation.

The attorneys general argue that the mask mandate exceeds the authority of the CDC. The full legal document can be viewed here.

“It’s far past time for the mask mandate on public transportation to be rescinded,” AG Schmitt said. “The Biden Administration and the CDC have no authority to force people to wear masks on flights or on buses. Further, the science is very clear – masks simply do not work to stop the spread of COVID-19. It’s time we move beyond this COVID theater and allow people to make their own decisions related to their health and well-being. Time and again, the Biden Administration has overstepped their authority and attempted to exert the will of the federal government on the people of Missouri and people across the country. I’ve pushed back at every turn, and will continue to push back on this unprecedented government overreach.”

“As mandates around the country are being lifted, continuing this federal transportation mask mandate makes no sense,” Kansas AG Schmidt said. “I had hoped the Biden administration would let it expire, but the administration’s recent decisions to extend it for yet another month has left us little choice but to turn to the courts for relief.”

A press release from Schmitt’s office states:

“First, the statute used to justify the mandate does not authorize economy-wide measures. Second, the statute only authorizes rules directly related to preventing the interstate spread of disease—it does not permit mask requirements for individuals who show no sign of infection.”

That same press release said the following, which Schmidt’s office also stated in a very similar way:

“Additionally, the complaint highlights that the CDC rule is arbitrary and capricious and required notice and comment that was not given before being implemented. The mandate also requires state-run conveyances and transportation hubs to affirmatively enforce the rule, in violation of the anti-commandeering doctrine.”

In addition to those from Kansas and Missouri, AGs from the following states signed on to the effort:

  1. Florida
  2. Alabama
  3. Alaska
  4. Arizona
  5. Arkansas
  6. Georgia
  7. Idaho
  8. Indiana
  9. Kentucky
  10. Louisiana
  11. Mississippi
  12. Montana
  13. Nebraska
  14. Ohio
  15. Oklahoma
  16. South Carolina
  17. Utah
  18. Virginia
  19. West Virginia