Being led by the Florida State Attorney General, a group of 23 state attorney general told a federal court that the CDC lacks the legal authority to impose nationwide mask mandates on public transportation. According to the brief provided by the group, “The CDC sought an unprecedented masking mandate regulating every breath of millions of Americans."

A brief was also filed by names such as Senator Rand Paul and Thomas Massie, a representative, that also backed the claims made by the group of 23 AGs.

A United States District Court Judge declared that the government’s mask mandates on public transportation such as airplanes, trains, ride-share vehicles, buses, and the transit hubs themselves were unconstitutional. The ruling to place in April and in May the Justice Department asked the Court of Appeals to overturn the ruling. However, just hours after the initial ruling, the Biden administration announced it too would no longer enforce the unlawful mask mandates.

The American Medical Association also filed a brief last month that claimed: "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. 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.”