July 19. The battle over whether the U.S. Centers for Disease Control (CDC) has the authority to regulate cruising out of Florida to prevent the spread of COVID-19 just got a bit more complicated. Late Saturday night a federal court of appeals temporarily blocked a federal district court’s ruling that the CDC’s conditional sailing order on cruising “likely constitutes an unconstitutional delegation of legislative power to the CDC.” That ruling was a result of the state of Florida’s lawsuit against the CDC.
Judge Steven Merryday of the U.S. Federal District Court in Tampa had earlier ruled in Florida’s favor that the CDC’s conditional sailing order was a violation of federal law and that Florida was likely to ultimately succeed in its suit against the CDC. He also ruled that the CDC’s authority would expire on July 19. But Saturday’s ruling by the court of appeals for the Atlanta-based Eleventh Circuit came down to a 2-1 vote blocking Merryday’s ruling and extending the authority of the CDC, at least for now.
Late Saturday the 11th Circuit Court of Appeals in Atlanta voted two to one to stay Judge Merryday’s order blocking the CDC’s conditional sailing order and framework for allowing cruises to resume. The appeals court’s one-page order offered no explanation for the decision beyond saying the federal government had made “the requisite showing” to obtain a stay allowing the CDC rules to remain in effect.
Last week Norwegian Cruise Lines Holdings Ltd. (NCLH) filed a suit aimed at blocking DeSantis’ policy forbidding Florida businesses—including cruise ships sailing from the state—from asking whether customers have been vaccinated. NCLH said it needs to impose such rules as having mandatory vaccination of guests, as mandated by the CDC, in order to address travelers’ safety concerns. For its part, Florida also had threated to fine any cruise line that asked guests for proof of vaccination.
Source: Insider Travel Report