This excerpt is from a piece that originally ran on May 26, 2022.
The Biden administration is appealing Judge Mizelle’s decision to the 11th U.S. Circuit Court of Appeals but has not moved to expedite the case. Some legal analysts have concluded that the administration is privately more amenable to the judge’s decision than it has publicly expressed.
Kimberly Humphrey, senior legislative counsel at Alliance for Justice, said the ruling sets a bad precedent for pandemics and must be erased from the books.
“We can only hope higher courts will show just how wrong she got it,” Ms. Humphrey said.
“Sadly, her decision will likely only elevate her in the eyes of Republican senators, who could very well decide to give her a promotion if they are empowered to do so,” she said.