UPDATE: Justice Clarence Thomas has denied an emergency motion to set aside the federal mask mandate on airplanes without comment, likely ending Lucas Wall’s proposed trip to Germany.
44-year-old Wall, who lives at his mother’s house in a retirement community in Florida, says he cannot wear a mask due to an anxiety disorder, yet never presented evidence that he had reached out to the airline he was flying to Germany to seek an exception. The mask mandate requires such exceptions for demonstrated cases of disability.
In refusing to take the case before the entire Court, even conservative Thomas expressed an unwillingness to overturn the mask mandate less than two months before it is set to expire.
I love JetBlue’s response to his lawsuit:
“Mr Wall cites that he needs emergency relief from this Court because, otherwise, he will be ‘stranded at his mother’s house. Plaintiff’s procrastination is not an emergency.”
Even if Wall had miraculously convinced the Supreme Court to overturn the mask mandate, that would not have applied to Germany, where strict mask rules remain in effect across most German states.
The original story appears below.
A frequent flyer currently living in his mother’s home in a Florida retirement community has petitioned the U.S. Supreme Court for an immediate injunction against the federal mask mandate on airplanes ahead of his proposed trip to Germany.
Man Asks Supreme Court To Lift Federal Mask Mandate On Airplanes
Lucas Wall has sued seven airlines, President Biden, the U.S. Department of Transportation, and the U.S. Department of Homeland Security over the federal mask mandate, which he says has left him trapped at his mother’s house in Florida and unable to fly. Thus far, every court has dismissed his cases.
The anti-masker claims a disability, stating he cannot wear a mask due to an anxiety disorder.
His latest attempt is to the U.S. Supreme Court, in which he has asked for relief by Friday so he can travel to Germany on Saturday:
“I respectfully ask for relief no later than Friday, July 16, because I have a flight booked to Germany on Saturday, July 17, to visit my brother and his wife.”
While Wall has not exhausted his appeal process, his direct application to the Supreme Court is based on a premise that “irreparable harm” will occur if the Court does not quickly act.
I tend to doubt being stuck in your mother’s guest room and having a $769.89 flight to Germany convert to a flight credit rises to “irreparable harm.”
Wall filed the lawsuit in Orlando, which is part of the 11th Circuit Court of Appeals, meaning his application for writ will go to Justice Clarence Thomas, the most conservative member of the Court by several metrics. It is now up to Justice Thomas to decide whether to bring Wall’s plea to the full Court.
Although Thomas has expressed misgivings in the past about the extent of Congressional authority over commerce, the limited scope and duration of the mask mandate means even the most skeptical conservative will likely deny Wall’s motion.
If Wall were smart, he’d just play up the disability a little better, be granted an exception, and could be on his happy way to Germany. Instead, he’s a misguided ideological warrior and wants to be the man who topped the mask mandate. But I predict even the most skeptical conservative on the High Court is highly likely to deny Wall’s motion.