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Fact Sheet Public Health AuthorityCOVID-19Legislation and Legal Challenges

­The CDC Transportation Mask Mandate and Mootness: A Q&A Explanation of Health Freedom Defense Fund v. Biden

September 18, 2023

Overview

In Health Freedom Defense Fund v. Biden, the Eleventh Circuit vacated a lower court decision invalidating the Centers for Disease Control and Prevention (CDC) transportation mask mandate. Because the mask mandate would have ended on its own terms when the federal COVID-19 Public Health Emergency expired on May 11, 2023, the Eleventh Circuit determined the case was moot. This Q&A describes the doctrine of mootness and the implications of this case.