Fauci says judge who voided mask mandate has ‘no experience in public health’

Striking down the national mask mandate for public transportation sets a ‘dangerous precedent,’ says government expert

Dr Anthony Fauci has spoken out against a federal judge who voided a federal mask mandate, saying the ruling sets a “dangerous precedent.”

“The CDC has the capability, through a large number of trained epidemiologists, scientists, to be able to make projections and make recommendations, far more than a judge with no experience in public health,” Dr Fauci told CBS News.

On Monday, US District Judge Kathryn Mizelle struck down the national mask requirement on all US public transportation, ruling that the Centers for Disease Control and Prevention (CDC), which set the mandate, had overstepped its authority. On Thursday, Dr Fauci said this was a mistake.

“I clearly disagree,” the infectious diseases expert told CBS. “I mean, those types of things should be decided as a public health issue by the public health organizations, in this case the CDC. This is a public health matter. This is not a judicial matter.”

Dr Fauci, who serves as President Joe Biden’s chief medical adviser, said the CDC would abide by the ruling of Judge Mizelle, a 35-year-old appointee of former president Donald Trump. But the CDC still recommends wearing masks on trains and airplanes, and Dr Fauci trusts its judgment.

“One of the problems that we have there is that the principle of a court overruling a public health judgment by a qualified organization, like the CDC, is disturbing in the precedent that it might send,” Dr Fauci said.

When Judge Mizelle announced her ruling, the CDC had just decided to extend the mask mandate until 3 May. In announcing the extension, the agency said it was still studying the impact of BA2, an Omicron subvariant that has driven a rise in Covid cases in the US.

“Right now, it’s on an upswing,” Dr Fauci explained. “It’s obvious to everyone. We’re seeing that infections are on the rise. Whether or not that will result in an increase in hospitalizations and severe disease, we don’t know. We hope not.”

This month, Covid infections in the US have increased by about 64 per cent, from a daily average of 27,598 cases on 1 April to 43,142 cases 20 days later.

So far, Dr Fauci said, that rise has not appeared to cause an increase in hospitalizations, but more data is still needed. Since masks reduce the spread of the coronavirus, the CDC chose to hold off on lifting the mandate as it reviewed that data – a decision that Dr Fauci called “very appropriate.”

“Right now, masks are important when you’re having an increase in the kinetics of the outbreak, as we’re seeing right now,” Dr Fauci said. “So that’s one of the reasons why, for those of us who are involved in public health, we backed the CDC’s decision… And that’s why it was disturbing to see that, in essence, being overruled by a court.”

The Biden administration has said it will appeal Judge Mizelle’s ruling.