Gov. Ron DeSantis, a Republican, brought the suit and touted the ruling last month from U.S. District Judge Steven Merryday as a victory for Florida’s economic comeback from the major slowdown in tourism during the pandemic.
Florida could ask the full bench of the 11th Circuit to reinstate the injunction against the CDC policy or seek similar relief from the Supreme Court. Spokespeople for the CDC and for DeSantis did not immediately respond to requests for comment Sunday.
When Merryday issued the now-lifted preliminary injunction at DeSantis’ request on June 18, the judge said it appeared the CDC’s orders related to cruise ships exceeded its authority.
“The CDC cites no historical precedent in which the federal government detained a fleet of vessels for more than a year and imposed comprehensive and impossibly detailed ‘technical guidelines’ before again permitting a vessel to sail,” wrote Merryday, an appointee of President Donald Trump. “CDC cites no historical precedent for, in effect, closing an entire industry. … Although CDC enjoys the authority to temporarily detain a vessel … that authority is not boundless.”
Merryday’s order was set to take effect at midnight Sunday if the appeals court had not acted. He also ordered both sides to continue discussions before a mediator about a potential compromise.
While DeSantis has portrayed the lawsuit as an effort to rescue the cruise industry from the impact of the rules the CDC has imposed, cruise operators have not rushed to back the challenge to the federal rules.
Indeed, just last week, Norwegian Cruise Lines filed a suit aimed at blocking DeSantis’ policy forbidding Florida businesses — including cruise ships sailing from the state — from insisting that patrons be vaccinated. The cruise line said it wants to impose such rules in order to address travelers’ safety concerns.
The cruise company filed that suit in federal court in South Florida, but lawyers for the state asked Friday that the suit be moved to Merryday’s court, where the state had already received a sympathetic ruling.
The 11th Circuit ruling was issued by Judge Charles Wilson, an appointee of President Bill Clinton, Judge Jill Pryor, an appointee of President Barack Obama, and Judge Elizabeth Branch, an appointee of President Donald Trump. The court did not specify the dissenting judge.
