Dr. Anthony Fauci, the nation's top infectious disease expert, has been one of the strongest advocates for wearing face masks since the beginning of the pandemic. So it should come as no surprise that he is really, really disappointed that a federal mask mandate for public transportation was repealed this week.
Fauci called the decision by a federal judge in Florida to strike down a government-imposed mask requirement on planes and public transit "disturbing."
"I clearly disagree," he told CBS News, adding that a court overruling a public health judgement by a qualified organization sets a "dangerous precedent."
Fauci said mask mandates are a public health matter, not a judicial matter, and should be left to organizations like the Centers for Disease Control and Prevention to decide if they're necessary.
"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," he said.
U.S. District Judge Kathryn Kimball Mizelle, an appointee of President Donald Trump, blocked the transportation mask mandate on Monday. She ruled that the CDC exceeded its authority with the mandate, which was implemented in February 2021 in violation of administrative law.
"The CDC will abide by the order of the court because it's a legal obligation, but one of the problems we have there is the principle of a court overruling a public health judgment … is disturbing in the precedent that it might send," Fauci said.
Fauci's comments drew quick reaction from conservatives who argued that the CDC was trying to act above the law.
"What's 'disturbing' is that Fauci and the bureaucrats think they are above the law," Rep. Dan Bishop, a Republican from North Carolina, tweeted.
West Virginia Attorney General Patrick Morrisey also weighed in.
"Fauci may want to take a little time and review the Constitution and the case law. The CDC must follow the law just like any other agency or person," he tweeted.
Menatime, the Biden administration on Wednesday appealed the judge's ruling, arguing that the mask mandate was necessary to protect the public from the spread of the coronavirus.
"The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve," the Department of Justice said in a statement.
While the legal challenge plays out, the CDC continues to recommend that people wear masks in indoor public transportation settings at this time.
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