U.S. Rep. Warren Davidson, R-Troy
U.S. Rep. Warren Davidson, R-Troy
The CDC’s media relations department did not return a request for comment.
According to the new masking guidance the CDC implemented in late February, the majority of the U.S. currently has low or medium COVID-19 spread, meaning most people don’t need to wear masks indoors there. That includes all Ohio counties.
The lawsuit argues that under the non-delegation doctrine (an interpretation of the U.S. Constitution), Congress cannot delegate its legislative powers to other entities.
U.S. Rep. Thomas Massie, R-Kentucky, the lead plaintiff on the lawsuit, said the mandate is not legitimate because Congress never passed a law requiring masks.
“This lawsuit targets the faceless bureaucrats who are behind the CDC’s unscientific regulation so that this illegal mask mandate can be brought to a permanent end,” he said.
Whether this mandate is constitutional is a complex issue, said University of Dayton School of Law professor Christopher Roederer.
“The court has not struck down any delegation of authority under the non-delegation doctrine since 1935,” Roederer said. “However, certain members of the court have signaled that they would like to revisit the (issue) … Whether this will be the case in which this happens is difficult to tell.”
