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The Current Law

Suppose some people think the CDC's command that everyone must wear masks in airliners is unlawful. What should be the procedure for contesting that? (See Health Freedom Defense Fund v. Biden, Florida district court (2022).)

Under current procedure, you sue the government asking them to vacate the rule or perhaps to enjoin enforcement, and you sue in a district court where you have standing. Say, the Southern District of Florida. That judge's ruling applies all over the United States. Then the loser can appeal to the appellate court, which here is perhaps the Eleventh Circuit. His appeal will be heard. Then the loser at that stage can appeal to the U.S. Supreme Court, which will probably refuse to hear his appeal because they are so busy and hear very few cases.

Defects in Current Procedures

One circuit can bind the entire country. The 7th Circuit court doesn't get to contest what a judge in the Eleventh circuit said.

There will be a race to the courthouse.

There will be forum shopping.

Judges will rush to issue decisions, another race.

What Should Be Done?

How about saying that the district court's decision is binding within its Circuit but not beyond. Plaintiffs must sue in other circuits if they want it decided there. This will lead to circuit conflict, which the Supreme Court can then decide.