Injunctions--National

What to Do

Suppose some people think the CDC's command that everyone must wear masks in airliners is unlawful. What should be the procedure for contesting that? (See Health Freedom Defense Fund v. Biden, Florida district court (2022).)

Under current procedure, you sue the government asking them to vacate the rule or perhaps to enjoin enforcement, and you sue in a district court where you have standing. Say, the Southern District of Florida. That judge's ruling applies all over the United States. Then the loser can appeal to the appellate court, which here is perhaps the Eleventh Circuit. His appeal will be heard. Then the loser at that stage can appeal to the U.S. Supreme Court, which will probably refuse to hear his appeal because they are so busy and hear very few cases.