Justice Clarence Thomas shut down an appeal to the Supreme Court challenging the Centers for Disease Control and Prevention’s mandate requiring masks on public transportation.
In an order handed down Tuesday evening, Thomas rejected the request for an injunction without referring the case to the rest of the court. Thomas’s decision came a week after Lucas Wall, a frequent flyer from Washington, D.C., asked the court to halt the mandate in a complaint leveled against the CDC, President Joe Biden, and a slew of other federal agencies.
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After Thomas rejected his case, Wall acknowledged that the appeal was a “long shot,” especially since he is still awaiting a trial before a district court in Orlando, Florida.
“Of course it’s still disappointing Justice Thomas did not take a more in-depth look at the illegal and unconstitutional mask requirement,” Wall said.
Wall brought the case forward after he was ejected from the Orlando International Airport in early June for not wearing a mask. In his complaint, he claimed that a generalized anxiety disorder made it impossible for him to follow the “improper, illegal, and unconstitutional” mandate. Most states at that point had already removed mask mandates, if they had them in the first place.
When Wall appealed to the Supreme Court, he said that a narrow decision in favor of the CDC’s eviction moratorium, which is set to expire at the end of July, signaled that the justices were open to striking down pandemic-era orders.
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And even though Thomas shut down his appeal, Wall said he still believes he will win his case against the agency eventually.
“For now, the federal government has prevailed in muzzling all travelers and banning tens of millions of Americans including myself who can’t tolerate having their face covered from using any form of public transportation,” he said.
