Court of Appeal authorizes CDC to apply cruise resumption plan

Gov. Ron DeSantis, a Republican, filed a lawsuit and presented U.S. District Judge Steven Merryday’s ruling last month as a victory for Florida’s economic comeback after the major downturn in tourism during the pandemic.

Florida could ask the entire 11th Circuit judiciary to reinstate the injunction against CDC policy or seek similar relief from the Supreme Court. Spokesmen for the CDC and DeSantis did not immediately respond to requests for comment on Sunday.

When Merryday issued the now-lifted preliminary injunction at DeSantis’ request on June 18, the judge said it appeared the CDC’s cruise ship orders were beyond his authority.

“The CDC does not cite any historical precedent in which the federal government detained a fleet of vessels for more than a year and imposed comprehensive and incredibly detailed ‘technical guidelines’ before re-authorizing a vessel to navigate,” wrote Merryday, a person appointed by President Donald Trump. . “The CDC does not cite any historical precedent for, in fact, shutting down an entire industry. … Although the CDC has the power to temporarily detain a ship… that power is not unlimited.

Merryday’s order was due to take effect at midnight Sunday if the appeals court had not acted. He also ordered the two sides to continue discussions before a mediator on a possible compromise.

While DeSantis has described the lawsuit as an effort to save the cruise industry from the impact of CDC-imposed rules, cruise lines have not rushed to support the challenge to the federal rules.

Indeed, last week Norwegian Cruise Lines filed a lawsuit aimed at preventing DeSantis’ policy of banning Florida businesses – including cruise ships departing from the state – from insisting that customers be vaccinated. . The cruise line has said it wants to impose such rules in order to address travelers’ safety concerns.

The cruise line filed the lawsuit in federal court in South Florida, but state attorneys on Friday asked that the lawsuit be transferred to Merryday court, where the state had already received a favorable ruling.

The 11th Circuit decision was rendered by Justice Charles Wilson, a person appointed by President Bill Clinton, Justice Jill Pryor, a person appointed by President Barack Obama, and Justice Elizabeth Branch, a person appointed by President Donald Trump. The court did not specify the dissenting judge.