Whether someone praises or disdains today's decision vacating the mask mandate is likely to be driven by what the person thinks of the merits of mask mandates. But remedies matter too, and we should be able to think about them without merits-driven analysis. This decision from the U.S. District Court for the Middle District of Florida is one more in a series of highly consequential district decisions that are, or at could be considered, national injunctions. That "could be considered" caveat matters here, for reasons that will become clear.
A few thoughts on the remedy:
First, the opinion works through different arguments but places central reliance on circuit precedent in favor of vacatur of rules under the Administrative Procedure Act. I think the position reflected in those precedents is wrong. But for a district court, that's the safest ground to locate this remedies decision.
