I need an answer for a legal question below, I needed the answer to include any legal citation (blue book) and a detailed answer for the legal question shared by my professor below:
Can you take a look at the following links and the Federal law cited in them. There is a notion that the CDC order requiring masks on certain public transportation applies to local school busses in Connecticut. The questions we have are two-fold: (1) Does the order (below) apply to a municipal school bus, (2) if so, does the CDC have the authority to make such application. Your thoughts on this by March 1 are appreciated.
https://www.cdc.gov/quarantine/pdf/Mask-Order-CDC_GMTF_01-29-21-p.pdf
https://www.shipmangoodwin.com/insights/likely-end-of-statewide-mask-requirements-in-schools-what-comes-next.html
https://www.cdc.gov/coronavirus/2019-ncov/travelers/face-masks-public-transportation.html
Also, below is information shared by the professor for guidance:
You asked if the federal requirement that school bus occupants wear face masks has an expiration date.
The Centers for Disease Control and Prevention (CDC) issued an order on January 29, 2021, effective beginning February 1, 2021, requiring that travelers on conveyances wear face masks except under certain specified circumstances. A conveyance is an aircraft, train, road vehicle, vessel, or other means of transport, including military. In its ED COVID-19 Handbook (pg. 17), the U.S. Department of Education confirms that the CDC order requires masks on all school buses.
The order remains in effect until (1) it is modified or rescinded based on public health or other considerations or (2) the Health and Human Services secretary rescinds the public health emergency declaration. An emergency declaration lasts until the secretary declares the emergency no longer exists or after 90 days (whichever occurs first) and may be renewed. The secretary renewed the current emergency declaration effective January 16, 2022, so the emergency (and the CDC order) will expire April 16, 2022, unless the emergency is again renewed.
The CDC order states that it must be enforced by the Transportation Security Administration (TSA) and other applicable federal authorities and may be enforced by cooperating state and local authorities. The TSA has issued security directives in support of the order, including one that applies to ground transportation (SD 1582/84-21-01C). This directive currently expires March 18, 2022. However, the CDC order would remain in effect after this directive expires, unless the Health and Human Services secretary were to declare the emergency over.
I hope this information is helpful. Please let me know if you have any further questions.
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