Supreme Court Upholds TSA's Authority to Enforce Mask Mandates

In January 2021, the CDC mandated that travelers must wear masks on public transportation, including planes and at airports, to curb the spread of COVID-19. The TSA was designated to enforce this order. This week, the Supreme Court affirmed that the TSA acted within its authority to require mask-wearing in air travel and airport facilities.

The decision was influenced by a case brought by Jonathan Corbett, a lawyer from Hollywood, California, who argued that the TSA's role in ensuring traveler safety does not extend to public health issues.

“This case isn’t about whether the CDC, FAA, or any other agency could impose a mask mandate on the public. It's about whether the TSA has that power. Even in emergencies, the TSA shouldn't overstep its bounds and regulate areas outside of transportation security,” Corbett contended.

However, on Monday, the Supreme Court rejected Corbett's appeal to overturn a December ruling from the U.S. Court of Appeals D.C. Circuit, which confirmed that the TSA retains the authority to ensure safety during national emergencies, including public health concerns.

In April 2022, a federal judge in Florida lifted the transportation mask mandate imposed by the CDC and enforced by the TSA, citing that U.S. health agencies did not adequately justify the order and failed to adhere to proper federal procedures. This ruling triggered a wave of mask restrictions being relaxed nationwide, including those by airlines that had their own mask requirements in addition to the federal one.

Although the transportation mask mandate is no longer active, the CDC recommends that “individuals aged 2 years and older—including passengers and staff—should wear a high-quality mask or respirator that covers the nose and mouth in indoor public transportation settings (like airplanes, trains, buses, and ferries) and transportation hubs (such as airports, stations, and seaports).”

With the absence of a federal mask mandate, travelers might be concerned about their safety if they are the only person wearing a mask on a packed flight.

“Evidence shows that masks can protect the wearer, even if they are the only one using one. The level of protection varies based on the quality and fit of the mask, so I suggest using N-95, KN-95, or KF-94 masks while traveling,” Dr. Shira Shafir, an associate professor of epidemiology and community health sciences at UCLA Fielding School of Public Health, shared with Dinogo in April after the Florida ruling.

Dr. John Swartzberg, professor emeritus of public health at UC Berkeley, mentioned that if everyone on the flight wears a mask, the transmission risk is significantly reduced compared to a scenario where only one person wears one. However, he added, “if you are up to date with vaccinations and wearing a KN-95 mask, you’ve greatly minimized your risk.”