The general counsel of the Texas Public Policy Foundation told The Star News Network the legal theory behind the federal lawsuit filed by the foundation Wednesday on behalf of Representative Elizabeth Ann “Beth” Van Duyne and Texas Attorney General W. Kenneth Paxton petitions the court to strike down the Centers of Disease Control mask mandate on airplanes and public transit as unlawful and unconstitutional mitigation for the COVID-19 pandemic.
“Well, the basis is twofold,” said Robert Henneke, who is also the foundation’s executive director.
“First of all, there is no statutory authority for the Centers for Disease Control to command that all Americans have to wear a face mask covering when they travel,” Henneke said.
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