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Home  >  Law In Travel • TSA  >  Supreme Court Declines To Overturn TSA Mask Mandate On Planes, Trains
Law In TravelTSA

Supreme Court Declines To Overturn TSA Mask Mandate On Planes, Trains

Matthew Klint Posted onNovember 1, 2022 40 Comments

Supreme Court Mask Mandate

The Supreme Court refused to overturn a lower court ruling upholding the broad power of the Transportation Security Administration (TSA) to require masks onboard planes, trains, and other modes of public transport.

TSA Authority To Issue Mask Mandate On Planes Is Left In Place By Supreme Court

Jonathan Corbett, a California lawyer and frequent flyer, had sued the TSA during the pandemic, asking the federal court system to overturn the mask mandate. Corbett asserted that the mandate went beyond the agency’s statutory authority and therefore without specific Congressional authorization, the agency had no right to impose such a broad mandate.

The case made its way up to the U.S. Court of Appeals for the D.C. Circuit, which found no merit in Corbett’s claim. The court instead concluded that the TSA’s broad power to maintain security in the transportation system included the right to levy masks.

Corbett appealed to the Supreme Court, asking the Court to overturn the D.C. Circuit’s “broad expansion of agency authority.”  But yesterday the Supreme Court denied him cert, meaning it refused to hear the case. Procedurally, that means the lower court ruling stands.

This has not been the first time the Supreme Court has refused to overturn the mask mandate. In 2021, the Court denied an emergency motion to set aside the federal mask mandate on airplanes without comment.

That case centered on Florida man named Lucas Wall who claimed an anxiety disorder prevented him from wearing a mask.


> Read More: U.S. Supreme Court Denies Emergency Petition To End Mask Mandate On Airplanes


CONCLUSION

A California lawyer has failed in his quest to declare the TSA has no power to require masks on public transport during a period of emergency. While the mask mandate was suspended in April, this decision leaves in place a holding that the agency maintains that authority.

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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40 Comments

  1. nick a Reply
    November 1, 2022 at 11:16 am

    There was never a period of emergency. A highly neurotic group of individuals experienced an 18-month dose of mass psychosis and forcibly imposed their delusions on the rest of us.

    • Matthew Klint Reply
      November 1, 2022 at 1:00 pm

      That may well be, but the method of redress is through the ballot box, not judicial fiat.

      • Interested Traveler Reply
        November 1, 2022 at 1:45 pm

        Slightly confused, is this the case which ended the mandate earlier this year or is that a different case?

        I thought that case was still being heard by the 11th circuit.

        • Matthew Klint Reply
          November 1, 2022 at 1:52 pm

          This is a different case.

    • Aaron Reply
      November 1, 2022 at 4:01 pm

      “A highly neurotic group of individuals experienced an 18-month dose of mass psychosis and forcibly imposed their delusions on the rest of us”

      Nowhere near as delusional as what you just typed.

      • cargocult Reply
        November 1, 2022 at 4:54 pm

        Such a bootlicker for the (illegitimate) administrative state. The Nazis had a viciously effective administrative state. And pieces of flair.

        • Aaron Reply
          November 2, 2022 at 2:08 am

          “Such a bootlicker for the (illegitimate) administrative state. The Nazis had a viciously effective administrative state. And pieces of flair.”

          Wow, someone has been drinking the anti-democratic koolaid. And lots of it, it seems.

  2. derek Reply
    November 1, 2022 at 11:32 am

    Good and bad.

    Bad: The Supreme Court is lazy. Just hear the case.

    Good: The TSA might have more expertise to decide on airline issues than the CDC, which may have more medical expertise but not know the specifics of flights. However, it’s odd that the TSA would be the one and not the FAA.

    • derek Reply
      November 1, 2022 at 11:34 am

      This idea may parallel our town’s tree regulations. They are so poorly written that even tree experts shake their head. Tree experts were not consulted in writing the regulations except for show, ignoring recommendations. The tree regulations actually harm trees (and homeowners) but the dumb politicians think they are helping.

    • DMNYC Reply
      November 1, 2022 at 11:45 am

      I’m not a particular fan of the Court, but they’re not lazy. They get tens of thousands of cert petitions every year. They can’t hear them all.

  3. Fantastico Reply
    November 1, 2022 at 11:33 am

    Even Ben has stopped writing about masks. Time to move on.

    • derek Reply
      November 1, 2022 at 11:36 am

      Matthew is smarter than Ben even though Ben is no idiot. Covid-19 has not gone away. Many people die everyday of it. Masks are still good to wear. When doctors do surgery, they wear masks as they have for years.

      • Glenn Reply
        November 1, 2022 at 11:41 am

        As a physician, I can tell you first hand that masks don’t stop viruses such as C-19 (Just read the back of any mask package and it’ll tell you right there in black and white). They stop bacteria which is why they are worn during surgery–FYI.

        • Billy Bob Reply
          November 1, 2022 at 11:58 am

          You must be an osteopath. As a real doctor I say they do stop viruses

          • Derek
            November 1, 2022 at 12:05 pm

            The only real doctors are the PhDs

            MDs and DOs are PHYSICIANS, just as a JD is a LAWYER

          • Scott_Texas
            November 1, 2022 at 9:28 pm

            MD Medical Doctor

            Phd Doctor of Philosophy

        • ECH Reply
          November 1, 2022 at 1:46 pm

          Glenn is 100% correct. COVID hysteria continues.

          • derek
            November 1, 2022 at 2:11 pm

            Covid stupidity continues, not hysteria. Many people are too lackadaisical.

            I am derek, not Derek. MD’s are real doctors, unlike optometrists, who try to con the public, calling themselves “optometric physician”.

            Glenn is incorrect unless he’s a lawyer arguing for the wrong side. N-95 masks don’t stop virus particulars. What they stop is airborne saliva and vapor that the coronavirus attaches to. That results in the mask wearer having protection against Covid-19. Not guaranteed total protection but excellent protection.

            Wearing masks on the plane is smart. What are you trying to do? Get a hot date? Usually not. In that case, why risk your life getting long Covid? Just wear the mask unless you are trying to get a hot date, then maybe that risk is acceptable.

          • Aaron
            November 1, 2022 at 4:02 pm

            You must be pro-plague.

          • Mr. Marcus
            November 1, 2022 at 6:37 pm

            I’m a physician too and a surgeon. Glenn is not 100% correct. He has made a summary statement that agrees with your existing mindset.

          • cargocult
            November 1, 2022 at 8:16 pm

            Is Aaron pro-monkeypox? Surely he is pro-LGBTQIA2S+. Keep the piss guzzling orgies open unless you want to end democracy.

            Masks are ineffective against respiratory viruses. The medical establishment knew this. For some reason they changed their minds when SARS-CoV-2 allegedly popped out of a Wuhan wet market.

            https://www.ncbi.nlm.nih.gov/books/NBK109150/

            A 2012 systematic review:

            “There was a limited evidence base to support the use of masks and/or respirators in healthcare or community settings as protection against influenza infection.”

            https://www.who.int/publications/i/item/non-pharmaceutical-public-health-measuresfor-mitigating-the-risk-and-impact-of-epidemic-and-pandemic-influenza

            A 2019 WHO overview of NPIs for mitigating influenza:

            “Ten RCTs were included in the meta-analysis, and there was no evidence that face masks are effective in reducing transmission of laboratory-confirmed influenza.”

            The RCTs conducted after COVID-19 induced global madness (Denmark, Bangladesh) either showed no effectiveness or were laughably distorted to show an 11% reduction relative to not wearing a mask.

            Masks are safety blankets:

            https://www.vice.com/en/article/dyv7zv/mask-dependency-covid-japan

          • cargocult
            November 1, 2022 at 8:38 pm

            Is Aaron pro-monkeypox? Surely he is pro-LGBTQIA2S+. Keep the piss guzzling orgies open unless you want to end democracy.

            Masks are ineffective against respiratory viruses. The medical establishment knew this. For some reason they changed their minds when SARS-CoV-2 allegedly popped out of a Wuhan wet market.

            https_//www.ncbi.nlm.nih.gov/books/NBK109150/

            A 2012 systematic review:

            “There was a limited evidence base to support the use of masks and/or respirators in healthcare or community settings as protection against influenza infection.”

            https_//www.who.int/publications/i/item/non-pharmaceutical-public-health-measuresfor-mitigating-the-risk-and-impact-of-epidemic-and-pandemic-influenza

            A 2019 WHO overview of NPIs for mitigating influenza:

            “Ten RCTs were included in the meta-analysis, and there was no evidence that face masks are effective in reducing transmission of laboratory-confirmed influenza.”

            The RCTs conducted after COVID-19 induced global madness (Denmark, Bangladesh) either showed no effectiveness or were laughably distorted to show an 11% reduction relative to not wearing a mask.

            Masks are safety blankets:

            https_//www.vice.com/en/article/dyv7zv/mask-dependency-covid-japan

          • Aaron
            November 2, 2022 at 2:11 am

            “Is Aaron pro-monkeypox? Surely he is pro-LGBTQIA2S+. Keep the piss guzzling orgies open unless you want to end democracy.”

            No boo boo, you’re the one who is pro-plague here, not me. I guess you like people dying and getting sick and whatnot.

            But thanks for also telling us you are a honophobe as well.

          • Aaron
            November 2, 2022 at 2:11 am

            Homophobe, not honophobe.

          • ECH
            November 2, 2022 at 7:55 am

            @Marcus, it says it on the back of surgical mask boxes, this is easily verifiable. Glenn is correct. @cargocult – Thank you for stepping in and with the facts. I forgot to check the post for replies plus I had given up on bothering anymore. But thanks for not giving up. @Aaron, please refer to the first overall comment on this blog post which already said it all.: — “There was never a period of emergency. A highly neurotic group of individuals experienced an 18-month dose of mass psychosis and forcibly imposed their delusions on the rest of us.” — End your mass psychosis. Cease your delusions. Stop covid hysteria. Period.

          • Calam
            November 4, 2022 at 12:47 am

            @ ECH

            RE “mass psychosis”…

            The official framing of the mass formation (or mass psychosis) “phenomenon” is misleading and wrong in terms of what the whole true reality is. The false hope-addicted psychologists and their acolytes want you to believe this is “just some temporary occasional” madness by the masses when it is but a spike of a CHRONIC madness going on for aeons with “civilized” people — read “The 2 Married Pink Elephants In The Historical Room –The Holocaustal Covid-19 Coronavirus Madness: A Sociological Perspective & Historical Assessment Of The Covid “Phenomenon”” …. https://www.rolf-hefti.com/covid-19-coronavirus.html

            One of these mainstream psychologists who have been spreading this whitewashed reality, Dr. Desmet, also fails to see that the PLANNED Covid Psyop is a TOTALLY deliberate ploy because he doesn’t think (after more than 1 year, even 2 years, into this total PLANNED scam!) it’s ALL intentionally sinister as he stated in a prior podcast (this makes him witting or unwitting controlled opposition). It should be apparent that Desmet’s lack of truth-telling is then also present in his largely plagiarized truth-distorting mass formation theory.

            In the May of 2022 podcast with James Corbett he stated that “some people tend to overestimate the degree of planning and intentions” (behind the COUNTLESS, VERIFIABLE, FULLY INTENTIONAL, FULLY PLANNED atrocities by the ruling tribe of psychopaths over the last century alone) and see all of it as being planned which Desmet called “an extreme position” … Sound logical thinking is “extreme” and therefore false and sick in his demented delusional view!

            In his overpriced misleading whitewashing old material regurgitated book the psychology of totalitarianism he too states that “There are countless … examples that seem to point in the direction of a plan being implemented, such as the fact that the definition of ‘pandemic’ was adjusted shortly before the coronavirus crisis; that the definition of ‘herd immunity’ was changed during the crisis, implying that only vaccines can achieve it … [he continuous with several other obvious facts of an ENTIRELY PLANNED event, especially discerned through the totality of all these facts].” “SEEM to point in the direction of a plan”??? No! They most evidently, clearly, and irrefutably DO demonstrate and prove it IS a COMPLETELY AND FULLY DELIBERATE PlanDemic! A big scam. An Entirely Planned Holocaust against the non-ruling herd of people (see cited link above). A coherent 12-year old kid can figure that out. But not Mr. I’m entitled to teach my deep wisdom to the world professor.

            It clearly shows Desmet’s own complete lunacy. But because almost everyone in the culture is a member of mass formation (madness), including the “woke” people of the alternative media domain, hardly anyone recognizes Desmet’s lunacy. Not surprising that he has even become some type of popular “guru” among the adherents of the alternative media landscape and his whitewashed fake narrative strongly resonates with both mainstream people and alternative mainstream folks.

            “All experts serve the state and the media and only in that way do they achieve their status. Every expert follows his master, for all former possibilities for independence have been gradually reduced to nil by present society’s mode of organization. The most useful expert, of course, is the one who can lie. With their different motives, those who need experts are falsifiers and fools. Whenever individuals lose the capacity to see things for themselves, the expert is there to offer an absolute reassurance.” —Guy Debord

            As expected, “useful expert” Desmet has been also advocating and pushing the false misleading dogma-based non-scientific holy mantra of trust the official science … “everything and everyone should follow the scientific consensus” [ https://archive.ph/9QRmw ] — meaning the fabricated fraudulent official consensus science behind the Covid jabs that the killing of millions of people around the world is based on(!!). Are you STILL wondering whom he’s wittingly or unwittingly serving? That’s why it’s no wonder he’s been heavily popularized globally by the dominant psychopathic world instead of censored and suppressed (as lots of truth-tellers have been), yet in his crafty stylish total hypocrisy and public misdirection ploy, he wants you to buy his belief that everyone should have a voice. Everyone BUT the true truth-tellers is what the reality is.

            With his false use of language Desmet also obscures or hides the true reality instead of directly and uncompromising exposing it — aiding the obfuscation of the vital reality of what the ruling authorities really are. He speaks of ‘the elite’ (as he does in a number of podcasts) when, in reality, they are THE SCUM OF HUMANS because they are REALITY-VERIFIED PSYCHOPATHS (see referenced source above). Yet in the Corbett podcast he “teaches” us that we, the masses, need to start thinking differently. Right… how about YOU start with sane instead of insane thinking/talking/”teaching”/etc, Dr. Desmet?

            How do self-styled “truth-tellers” wake up the masses to the so-called truth when they THEMSELVES use lies with their deceitful fake language???
            No one is “teaching” or “waking up” the ignorant masses to the CORE truths with lies, with the official “language of lies” (see cited source above).

            This all means Desmet is ALSO a member of the masses of lunatics, an ACTIVE CARD-CARRYING MEMBER of mass formation!!! When, if at all, will he wake up from his state of mass psychosis, his “invisible” stupidity? When, if at all, will he face the TRUE and FULL reality instead of hiding behind fantasies such as his whitewashed “reality” of human civilization?

            It shows we live in a global mental asylum with criminal and/or delusional mainstream psychologists, scientists, and docs as the guards, “teachers” and “therapists” … The blind/criminal/mad leading the blind/criminal/mad; the blind/criminal/mad adhere to the blind/criminal/mad = the human madhouse.

            Worst of all, perhaps, the mass formation/mass psychosis notion frames the problem as the public being a mere unaccountable non-culpable victim in this phenomenon (the gist of the circular argument is: the masses should change their thinking but they got brainwashed so they’re victims). Nothing could be further from the truth (see referenced source above).

            In October of 2022, once a few people caught onto his public-misdirecting game he took no responsibility for it but dishonestly framed himself as the victim of frivolous attacks against him — https://archive.ph/9QRmw

            Desmet is right in that truth-activists must fight against mass formation psychosis (human madness). That also means exposing HIS deeply destructive mad part of it. This comment serves, in part, that objective.

            If you’re in the US and your employer mandates the toxic/lethal COVID jabs, register to receive a free “Medical Exemption Certificate” at https://drgastonmedicalexemption.com or https://lc.org/exempt

  4. DCAWABN Reply
    November 1, 2022 at 3:18 pm

    I wear a mask on the plane still for medical and personal reasons. I’m all for those who don’t want to wear one not wearing one. Why? Because it’s your choice and if you’re appropriately vaxxed, you very likely have absolutely nothing to worry about. If you aren’t and are immunocompromised, then you should probably have one, but hey, your choice.

    But mostly because I’m 100% okay with the deaths of unvaccinated-by-choice people who screamed “Muh rights!! 1st amendment! Dey took are jerbs!” and other uninformed, bigoted nonsense during all of Covid.

    • Santastico Reply
      November 1, 2022 at 5:31 pm

      Wondering where did you get your vaccination story. My family of 4 all got Covid way before vaccines were even available. We all survived without even a low fever. Actually we only knew we had Covid because I lost my smell for 12 hours. Absolutely nothing else. Now, we all got vaccinated including boosters and we all felt like we were hit by a bus in all shots we got. We never felt so bad in our lives like when we got our Covid vaccines. Now, you say if you are vaccinated you have nothing to worry about. Really? How do you know those vaccines are still protecting you? I have a neighbor that got 4 or 5 shots. He told me he would get a shot every week if Fauci told him to get it. He got Covid probably 4 times since been vaccinated and felt like s..t in every single one! So, each people will react differently so let them make heir own choices. You still can spread Covid if you are vaccinated. Now, I scratch my head when I see people entering planes wearing N95 masks, surgical gloves and this is the best one: wearing those booties that people wear in hospitals. Yes, a lady and her two kids got into a plane the other day and they were all wearing N95 masks, surgical gloves and hospital booties to cover their shoes. Of well!!!!!

      • Fantastico Reply
        November 1, 2022 at 6:38 pm

        I would get a shot every day if Lula told me to.

        • Santastico Reply
          November 1, 2022 at 8:18 pm

          Good for you.

      • Aaron Reply
        November 2, 2022 at 2:13 am

        HE probably got his vaccination story from the same place you did? The shots make you less likely to die from getting covid.

      • Booties 4 Ever! Reply
        November 2, 2022 at 10:35 am

        Booties on an airplane?!? Makes sense to me. Have you ever seen how vile those lavatory floors get during a flight, and the that geeky hubris is tracked throughout the plane? Booties should be handed out to everyone on a plane.

  5. Jan Reply
    November 1, 2022 at 4:01 pm

    Oh. So we’re still arguing about this.

  6. Santastico Reply
    November 1, 2022 at 5:19 pm

    I still see people driving their cars alone everyday wearing masks. I see the same guy everyday running outside in my neighborhood wearing a N95 mask (yes, he runs outdoors wearing a N95 mask) and when he sees people coming his way he crosses the street to the other side. Their problem. I still travel next to people on planes that are wearing masks. Other day a guy sitting next to me got in wearing a N95 mask. When food was served on domestic first class he took it off and enjoyed his meal and a drink for over 3o minutes with no mask. When the FA got his tray back he put his mask back. Oh well, if I had Covid he would never be infected during those 30 minutes because he probably asked the virus to go on a time out during that time. Again, it is their problem. Happy for them if they like to wear a mask.

    • Scott Reply
      November 1, 2022 at 6:01 pm

      For being someone else’s problem, you do seem to whine about it a lot. Amazing how that often seems to work out that way.

      • Santastico Reply
        November 1, 2022 at 11:17 pm

        I feel sorry for those people the same way I feel sorry for you.

      • Aaron Reply
        November 2, 2022 at 2:14 am

        He does seem to, doesn’t he? I feel sorry for him.

    • Mr. Marcus Reply
      November 1, 2022 at 6:45 pm

      People do a lot of silly things, it’s true. I get caught wearing the mask in my car alone sometimes– it’s just because I forget to take it off. I’m required to wear it at work, and I’m so used to it now. The N95 crowd… I admire their dedication, really I do. Working in TB wards years ago with an N95 was enough for me– I try to avoid anything that legitimately requires an N95.

  7. Lee Reply
    November 3, 2022 at 11:12 am

    Another Federal overreach? Have we not learned our lesson? No wonder China will continue to beat us through our ignorance and totalitarian approach to governing our people, just like them

  8. BDAGuy Reply
    November 7, 2022 at 8:55 am

    One cannot but laugh: at the onset of the COVID emergency Americans were appalled that we didn’t have masks available, then we got masks, then we rebelled against wearing them. We were shocked and outraged that our pharma industry didn’t have vaccines, then we got three in quick order which we then refused to take. There have been over one million deaths directly attributed to COVID in the US, many of which were preventable and life expectancy actually fell in this country. But hey, deniers got to deny and the rest of us need to ignore them and just move on.

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