Federal Appeals Court Reverses CDC Order Regarding Vaccination Rules
(NWO Report) – A federal appeals court, which previously sided with the Centers for Disease Control and Prevention (CDC) amid Gov. Ron DeSantis’s (R-FL) battle against the federal health agency over the vaccination rules it is imposing on the cruise industry, reversed its decision, ultimately siding with the state over the CDC’s No-Sail Orders.
The saga between DeSantis and the CDC began in April after the governor announced the lawsuit over the federal health agency’s restrictions on the cruise industry — a major economic driver in Florida. DeSantis’s administration scored a victory in June after a federal district court in Tampa issued a preliminary injunction favoring DeSantis. The court concluded the CDC’s rules on the cruise industry “are likely unconstitutional and overstepping their legal authority.” But last weekend, prior to the lower court’s ruling, which would have taken effect July 18, the Court of Appeals for the 11th Circuit voted 2-1, issuing a temporary stay of the injunction.
Notably, the judges who voted for the stay were Clinton appointee Charles Wilson and Obama appointee Jill Pryor. Judge Elizabeth Branch is a Trump appointee who dissented.
“It is unacceptable that a federal agency would single out and lock down an entire industry indefinitely,” Lauren Cassedy, director of Public Affairs for Attorney General Ashley Moody, told Breitbart News on Monday in response to the ruling.
“We are currently reviewing all available legal options and will continue to fight on behalf of the hundreds of thousands of Floridians who rely on the cruise industry for their livelihoods,” she added.
On Friday, Florida “filed an Emergency Application to Vacate the Eleventh Circuit’s Stay on the Preliminary Injunction.” That same day, the Eleventh Circuit reversedits earlier decision, allowing the cruise industry to resume operations without adhering to the CDC’s restrictions, including what effectively amounts to vaccine passports, which are illegal in the Sunshine State:
The panel sua sponte VACATES its order of July 17, 2021, and substitutes the following order in its place:
The appellants’ “Team Sesitive Motion for Stay Pending Appeal and Administrative Stay” is DENIED because appellants failed to demonstrate an entitlement to a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 434 (2009).
There are four factors a court considers under the Nken standard. One is if the appellants have a substantial likelihood of ultimately winning on the merits. The appellate court’s reversing course suggests that upon further review, even this liberal panel decided that DeSantis is right on the law here. “I’m glad to see the 11th Circuit Court of Appeals reverse its prior decision and free the cruise lines from unlawful CDC mandates, which effectively mothballed the industry for more than a year,” DeSantis said in a statement. Read Full Article >