Mark Pulliam writes for Law and Liberty about the latest attack against the nanny state.

After two years, the extraordinary government measures—federal, state, and local—taken in response to the COVID pandemic, some of which were supposed to be temporary, have finally begun to abate, along with the fear and panic that inspired them. In hindsight, many Americans are now questioning the wisdom and necessity of school closings, business shutdowns, bans on public activities (including religious worship), mask and vaccine mandates, and similar edicts, which caused incalculable harm to the economy, our children’s education and development, and to the fabric of a free society. …

… [A]t long last Americans’ patience is wearing thin; COVID fatigue has set in. In most areas, state and local “emergency” measures—including lockdowns and mask mandates—have been relaxed or eliminated altogether, and some state legislatures have moved to restrict the executive’s “emergency” powers in the future. Yet many federal dictates remain in place. State attorneys general have begun filing lawsuits challenging the legality of sweeping restrictions on liberty, particularly those imposed by administrative agencies without clear legislative authorization. The tide may be turning in favor of pre-COVID normality. A new lawsuit is aimed at mandatory face masks on airplanes and in airports.

On February 16, a Texas congresswoman, Beth Van Duyne (R-Irving), and the State of Texas filed a federal court lawsuit challenging the authority of the Centers for Disease Control and Prevention (CDC) to enforce mask mandates for passengers using public transportation and hubs in the U.S., including air travel and at airports. …

… The plaintiffs contend that the order is unlawful because the CDC lacks authority to issue blanket rules, citing several bases for its overbreadth: the order purports to be applicable to “people who may or may not carry infectious disease”; it was issued without a prior determination that the state health authorities are insufficient to prevent the spread of communicable diseases; and the order is not limited to preventative measures regarding property or cargo.