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Published: 10:31, August 09, 2022 | Updated: 14:41, August 09, 2022
US state attorneys: CDC lacks authority to set mask rules
By Agencies
Published:10:31, August 09, 2022 Updated:14:41, August 09, 2022 By Agencies

A sign displays mask wearing information at Penn station in New York on Aug 2, 2021. (KENA BETANCUR / AFP)

WASHINGTON / BERLIN - A group of 23 state attorneys general led by Florida told a federal court on Monday that the US Centers for Disease Control and Prevention lacks the legal authority to impose a nationwide transportation mask mandate to address COVID-19.

The group, which included Arizona, Georgia, Indiana, Missouri, Ohio, Texas and Virginia, urged the appeals court to reject the CDC "overreach"

The CDC sought "an unprecedented masking mandate regulating every breath of millions of Americans," said the brief in support of the group that sued to overturn the mask mandate.

The group, which included Arizona, Georgia, Indiana, Missouri, Ohio, Texas and Virginia, urged the appeals court to reject the CDC "overreach."

A group of 17 Republican US lawmakers including Senator Rand Paul and Representative Thomas Massie also filed a brief Monday arguing the CDC lacked the authority to impose masking requirements.

The CDC issued a mask mandate in January 2021 days after President Joe Biden became president after his predecessor Donald Trump had rejected the idea.

In May, the US Justice Department asked the 11th Circuit Court of Appeals to overturn a US District Court judge's April order that declared the government mandate requiring masks on airplanes, buses, trains, ride-share vehicles and in transit hubs unlawful.

Hours after the federal judge in Florida declared the mandate unlawful, the Biden administration said it would no longer enforce it.

The American Medical Association in a separate brief filed in July said the CDC's mask mandate "when case counts merit additional precaution, is a reasonable judgment to curb the spread of COVID-19, protect those at highest risk, and permit them to participate in public life."

The group added "put simply, if an infected person wears a mask, it reduces their ability to infect others. Data from modeling studies have further demonstrated that 'universal masking is the most effective method for limiting airborne transmission" of COVID-19.

The Justice Department told the appeals court in May the CDC order issued in January 2021 was "within" the agency's legal authority.

Days before US District Judge Kathryn Kimball's April 18 order, the CDC extended mask requirements through May 3. The CDC said in May it still recommended travelers wear masks in airplanes, trains and buses.

The Justice Department said the CDC findings in early 2021 provided "ample support for the agency's determination that there was good cause to make the order effective without delay."

BioNTech

German vaccine developer BioNTech could deliver its COVID-19 vaccines adapted to the Omicron BA.1 and BA.4/5 sub variants in October if given regulatory approval.

On hundred million vaccine doses of the Omicron booster based on the earlier BA.1 variant have already been pre-produced by BioNTech

Together with its US partner Pfizer, BioNTech planned to "supply both vaccines in time for fall booster campaigns," the company said when presenting its figures for the first half of the year (H1) on Monday.

BioNTech's net profit in H1 rose to $5.37 billion euros (US$5.48 billion), up from 3.92 billion euros in the same period last year, according to the company.

ALSO READ: Biden ends isolation on recovery from COVID-19 rebound case

Despite a sales slump in the second quarter, revenue in the first six months rose by 30 percent year-on-year and reached 9.57 billion euros. BioNTech confirmed its guidance for the full fiscal year 2022, expecting sales of its COVID-19 vaccines to range from 13 to 17 billion euros.

"Our COVID-19 product pipeline includes variant-adapted and next-generation vaccine candidates, aimed at prolonged and broad protection," said Ugur Sahin, CEO and Co-Founder of BioNTech.

On hundred million vaccine doses of the Omicron booster based on the earlier BA.1 variant have already been pre-produced by BioNTech. The vaccine is currently awaiting the approval by the European Medicines Agency. The approval process of the latest BA.4/5 vaccine has not been initiated yet.

ALSO READ: Chile's Easter Island reopens to tourists after COVID shutdown

Of the 69.4 million adults in Germany aged 18 and older, around 85 percent are vaccinated against COVID-19. Almost three in four people have received one booster shot, while just under 10 percent have received two booster doses, according to official figures. 


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