Florida asks the court to lift the CDC’s restrictions on the cruise industry
July 23, 2021
According to CDC policy, few cruise ships are allowed to sail during the pandemic. (Via Shutterstock apiguide)
Less than a month after the Supreme Court hearing Refuse to disturb Due to the COVID-19 pandemic, Florida on Friday suspends federal deportations from the Centers for Disease Control Ask the judge to stop The CDC is the COVID-related restrictions outlined by the cruise ship before returning to sea. A federal district judge prevented the CDC from enforcing these restrictions in Florida, but the US Court of Appeals for the 11th Circuit set aside his ruling on Saturday, prompting the state to seek emergency relief from the Supreme Court.This move came a day later CNN report The state’s current 7-day average of new COVID-19 cases per day is the highest in the country.
Once the severity of the pandemic becomes apparent, most cruise ships will voluntarily stop sailing, and in March 2020, the CDC issued a “no navigation order” to stop all remaining sailings. The order remained in effect until the end of October, when the CDC issued a “conditional navigation order” at the heart of the Florida challenge. The order created a four-stage approach for the safe return of cruise ships—for example, requiring simulated cruises to test the COVID protocol on each ship. According to documents filed by Florida on Friday, only 5 of the 65 vessels departing from Florida were allowed to resume cruises.
The cruise industry plays an important role in Florida’s economy. The top ten cruise companies are headquartered in the state; in 2019, nearly two-thirds of those who boarded cruise ships in the United States boarded in Florida. The state went to court in early April, arguing that with CDC restrictions in place, “the cruise industry will not reopen in time” to welcome summer cruises. It argues that the conditional navigation order is beyond the authority of the CDC.
The CDC countered that the federal government “has been taking action to combat the spread of infectious diseases for a long time,” but the US District Judge Steven Merryman was on the side of the state government. Emphasizing that the CDC has never “implemented extensive, incompetent and exclusive measures” like a conditional navigation order, Merriman blocked the CDC Carry out orders for Florida cruise ships.
CDC appealed to the 11th Circuit Court of Appeals, which Short order issued on July 17 This put Merryman’s ruling on hold, allowing the CDC to enforce its restrictions, while the lawsuit continues.
In a 23-page document filed on Friday, the State of Florida asked the judge to lift the 11th Circuit’s ruling and allow Merryman’s ruling to take effect. The state reiterated that the CDC has “limited power to establish traditional isolation measures.” Florida emphasized that federal law did not “allow the agency to reshape the entire cruise industry.” The state noted that the five judges agreed that the CDC’s suspension of the deportation order went too far and that it relied on the same federal law, but Judge Brett Brett Kavanaugh ultimately refused to lift the suspension order because it will expire soon anyway. In contrast, the state emphasized that the CDC’s order in this case will last at least until November. The state told the judge that unless cancelled, “Florida will almost certainly lose another cruise season” and “the CDC is seeking an appeal.”
Florida’s request went to Judge Clarence Thomas (Clarence Thomas) who handled the emergency appeal of the 11th Circuit. Thomas can process the application himself or submit it to the full court.
This article is Originally published in Howe on the Court.