Kansas Attorney General Derek Schmidt and 21 other state attorneys general and the solicitor general of Iowa, ask U.S. court of appeals, via an amicus brief, to continue to block a federal airline mask mandate that would also require masks on all public transit.

The brief states the court should reject CDC’s latest overreach and affirm the lower court ruling from earlier this year blocking the mask mandate. It goes on to say that throughout the pandemic, this administration has turned to novel, expansive, and dubious reading of its authorities. The Brief also says the CDC has been among the worst offenders, making ‘unprecedented assertions of power. The Supreme Court summarily rejected CDC’s position to authorize a nationwide eviction moratorium. CDC’s order grounding cruise ships also was soundly rejected.

Schmidt’s lawsuit against the Biden administration seeking to end the public transit mask mandate has been stayed pending the decision.