Attorney Matt Miller of the Texas Public Policy Foundation, the law firm representing Representative Beth Van Duyne (R-Texas), explains they are suing the CDC over their requirement that people wear masks on airplanes.
He says the issue is not whether someone should wear a mask.
"The point is that the CDC doesn't have the authority to order people to wear masks under the statute they're claiming the authority under," says Miller. "The case is fundamentally a separation of powers case, where Congress hasn't given this authority to the CDC, and so they're exercising it illegally."
The case is filed in the United States District Court for the Northern District of Texas, Fort Worth Division.
"We have filed for a preliminary injunction," Miller tells American Family News. "We hope to have it heard within the month by Judge [Reed] O'Connor and hopefully to have a ruling on the injunction by then."
That, he says, will be an indication of whether the court believes the mandate is illegal or unconstitutional.
"Of course, a full trial would follow after that," Miller adds, "but that'll give us a pretty good read on whether or not the court thinks that this mandate can survive legal scrutiny."