Q&A – Florida vs The CDC Is Among The Most Consequential Win

CDC Chief Dr. Thomas Frieden Updates Media On Dallas Ebola Response

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Today’s entry: I’d like your thoughts about the CDC cruise decision. I’m glad the state won the first round but isn’t the declaration of victory over the CDC premature? The ruling was only an injunction and the case itself hasn’t been won. Also, won’t the uncertainty create problems for the cruise companies and for people who want to plan trips? 

Bottom Line: You have valid points. Yes, everything isn’t settled. Yes, the cruise industry must work within a potentially fluid framework as mediation was ordered again and the order doesn’t take effect until July 18th.  But here’s the thing. The ruling is preliminary, yes there’s an injection until July 18th before the CDC’s imposed rules go from being a mandate to “non-binding” and questions remain regarding another round of mediation with the CDC having until July 2nd to present new, constitutional, measures for the industry. However, the big picture is clear. An unelected body of scientists in Atlanta retaining no constitutional authority to control industries our lives.

Just last Tuesday, the CDC announced a ban on the importing of dogs from 100 countries over rabies concerns. While it’s unlikely many of us would blink, after all who wants to import potentially rabid dogs? Under what authority? And just how pervasive will the CDC’s use of executive authority become left unchecked? Many have worried that the pandemic would create bodies of officials who are reluctant to give up the unprecedented executive authority they’ve exercised over our lives during the pandemic. While our attention has largely been focused on elected officials, ironically the biggest abuses have occurred with those who are unelected. 

The CDC retains its authority to issue edicts from the Commerce Clause in the Constitution. Until Florida’s suit challenging the “no sail” order, the CDC never had its authority under it legally challenged. The CDC isn’t granted authority to do anything unless one of two conditions occurs: If local authorities invite them to do so or under the authority outlined in the Insurrection Act in the event of a total breakdown of law and order. Neither of which occurred. The bigger picture here is much bigger than even the hugely significant cruise industry in Florida. 

Every mandate the CDC issues, right down to rabid dogs, is unconstitutional. It’s critical the state of Florida wins this case for reasons far wider reaching than the cruise industry. And frankly, it’s bigger than the CDC abusing power. How many other federal agencies have or could take similar unconstitutional steps to attempt to control our lives? Notably, the Justice Department under Merrick Garland was the one fighting this battle against Florida on behalf of the CDC. When the US Justice Department is literally fighting an unconstitutional battle for unelected scientists to set and enforce policy as they see fit, the implications for our freedom were and are many that extend well beyond the CDC and the cruise industry. 

Florida’s win was for everyone’s Constitutional rights and freedom. Legal precedent is extremely important. The state’s case against the CDC is a landmark case because there had been no prior legal precedent. Should the CDC attempt to continue to abuse its power in other instances, the legal path will be easier for those seeking relief. Hopefully, the CDC takes a step back, realizes their role as an adviser rather than policy setter and its mute.

Each day I feature a listener question sent by one of these methods. 


Parler & Twitter:@brianmuddradio 

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