- Florida Governor declares victory over CDC.
- Florida sued the CDC for irreparable harm after some cruise lines threatened to leave the state.
- US District Judge grants Floridaโs request to block the CDCย โconditional sailingโ order
Florida Governor Ron DeSantis scored a major court victory against the Centers for Disease Control and Prevention yesterday, when US District Judge Steven Douglas Merryday granted Floridaโs request to block the CDCย โconditional sailingโ order against cruise lines yesterday.
The injunction will go into effect July 18, at which point the CDC orders to cruise operators will be considered non-binding considerations, recommendations or guidelines, so the cruise ships may soon operate out of Florida once again.
โThe CDC has been wrong all along, and they knew it,โย said DeSantis announcing the decision.ย
โThe CDC and the Biden administration concocted a plan to sink the cruise industry, hiding behind bureaucratic delay and lawsuits. Today, we are securing this victory for Florida families, for the cruise industry, and for every state that wants to preserve its rights in the face of unprecedented federal overreach.โ
Florida sued the CDC for irreparable harm after some cruise lines threatened to leave the state due to the onerous and burdensome conditions imposed in October 2020 and renewed in April. Among other things, the CDC required cruise operators to build testing laboratories on board, re-do the ship ventilations systems, and have at least 98% of the crew and 95% of the passengers โ including children โ vaccinated in order to bypass a requirement for simulated cruises first.
A 124-pageย rulingย seemed to be designed to withstand Supreme Court scrutiny, referencing multiple justices, circuit precedents, case and statutory law, and even history of the CDC and quarantines. Judge Merryday zeroed in on the CDCโs understanding of its authority, however, pointing out that its lawyers repeatedly defined anย โoutbreakโย as even a single instance of human-to-human virus transmission.
By doing so, the CDC claims authority to impose nationwide any measure whatsoever, based only on its directorโs discretionary finding ofย โnecessity,โ wrote Merryday, calling itย โa breathtaking, unprecedented, and acutely and singularly authoritarian claim.โ
โOne is left to wonder,โ the judge wrote, whether the CDC could have tried toย โgenerally shut down sexual intercourseโย in the US to prevent the transmission of AIDS, syphilis or herpes.ย โPolitical prudence (and difficulty of enforcement) might counsel CDC against this particular prohibition, but the statute, as understood by CDC, certainly erects no barrier,โย he noted before proceeding to reject that understanding.
Merryday even cited the May ruling by his colleague in DC, Judge Dabney L. Friedrich, which clocked in at only 20 or so pages but disputed the CDC’s right to impose a nationwide moratorium on eviction of delinquent renters.
More than 13 million cruise passengers and crew embarked or disembarked in Florida in 2019, patronizing the stateโs economy. The cruise industryโs return will beย โan important milestone in the fight for freedom,โย DeSantis added, pointing out that Floridaย โcontinues to thrive while open for business.โ