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11th Circuit Court Reverses Itself from Earlier Ruling, Hands DeSantis Victory Against CDC

The State of Florida’s opposition to the CDC’s cruise ship guidance will hold up… for now.

“A federal appeals court late on Friday reversed course and let stand a lower court order prohibiting the U.S. Centers for Disease Control and Prevention (CDC) from enforcing coronavirus-related cruise ship restrictions in Florida,” Reuters reported.

The decision comes after the State of Florida asked the U.S. Supreme Court to curb the CDC restrictions.

“The state of Florida on Friday asked the Supreme Court to curb restrictions on cruises imposed by the Centers for Disease Control and Prevention, days after a lower court handed down a decision leaving those limits in place,” NBC reported.

“The rules have hampered the cruise industry from returning fully to business amid the nation’s vaccine-driven recovery from the Covid-19 pandemic. Early in the public health crisis, cruise lines were subject to a number of high-profile outbreaks,” the report continued. “The industry was among the hardest hit by the coronavirus.”

“A federal district court in Florida sided with the state last month in response to a lawsuit filed by Ashley Moody, the Republican attorney general,” the report added. “On Monday, the 11th U.S. Circuit Court of Appeals temporarily halted that decision, allowing the CDC rules to remain in place.”

Steve Vladeck, a professsor at the University of Texas, commented on the oddity of the case.

“Well this is … odd,” Vladeck said. “The Eleventh Circuit, entirely on its own, has reversed its decision from Saturday night and put *back* into place a district court injunction against CDC’s cruise ship restrictions. Earlier today, Florida had asked #SCOTUS to reverse the Court of Appeals.”

The Economist’s Steven Mazie remarked on the ruling.

“As [Steve Vladeck] notes, the same 11th Circuit that had allowed the CDC regs to remain in place has today changed its mind,” Mazie remarked. “So it seems the emergency application to SCOTUS is moot and now the Biden administration may come knocking on Justice Thomas’s door.”

On Thursday, DeSantis stated his opposition to the CDC in terms of its mask guidance for unvaccinated children. “We’re not doing that in Florida, okay?” DeSantis said.


Ron DeSantis Puts His Foot Down on Mask Mandates for Kids: ‘We’re Not Doing That in Florida’

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OPINION: This article contains commentary which reflects the author's opinion.