Texas sues Biden admin. over federal mask mandate on planes, in airports

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California high school students stage mass walkout over district’s mask mandate

Texas has sued the Biden administration over its federal mask mandate on airplanes and in airports. 

"The Centers for Disease Control and Prevention’s (CDC) mandate was unlawfully issued. It was not authorized by Congress, and the CDC did not put the mandate up for notice and comment, which is ordinarily required for regulations like this," a statement from Texas Attorney General Ken Paxton, the Texas Public Policy Foundation and its head legal counsel Rob Henneke, and Rep. Beth Van Duyne reads. "Yet a person’s failure to comply with the Administration’s mask mandate carries criminal penalties."

DALLAS, TEXAS - JULY 11: Texas Attorney General Ken Paxton speaks during the Conservative Political Action Conference (Photo by Brandon Bell/Getty Images) (Brandon Bell)

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"Biden’s repeated disregard of the individual liberties of Texans is not only disrespectful to the U.S. Constitution, it is also troublesome that any president thinks they can act above the law while hardworking Americans standby," Paxton said in a statement. "President Biden cannot continue governing through executive edicts. Now is the time to strike down his administration’s air-travel mask mandate. I’m proud to stand alongside my friend Congresswoman Van Duyne and her counsel at TPPF to protect Texans’ liberty and the rule of law."

The CDC declined to comment when contacted by Fox News. 

MIAMI, FLORIDA - FEBRUARY 01: A sign reading, 'masks required in this area,' is seen as travelers prepare to check-in for their Delta Airlines flight at the Miami International Airport. (Photo by Joe Raedle/Getty Images)

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Paxton has successfully sued the Biden administration numerous times over coronavirus mandates and was issued an injunction in December against Biden’s plan to mandate federal healthcare workers submit to coronavirus vaccinations.

Masks are currently required by the federal government in a mandate that lasts until at least March 18 despite a widely available coronavirus vaccine, studies highlighting the ineffectiveness of cloth masks, and a drop in coronavirus cases across the country that has caused many states to drop indoor mask mandates.

A Transportation Security Administration (TSA) agent wearing a protective face mask and shield checks the identification of a travelers Photographer: George Frey/Bloomberg via Getty Images

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White House Chief Medical Adviser Dr. Anthony Fauci said in December that a conversation about dropping mask mandates on airplanes should not even be taking place.

"We want to make sure people keep their masks on," Fauci said when asked about the possibility of ending mask mandates on flights. "I think the idea of taking masks off, in my mind, is really not something we should even be considering."