11th Circuit Court of Appeals Grants CDC’s Appeal for a Stay Pending Appeal

The saga between the Center for Disease Control and Prevention (CDC) and the State of Florida continues as the the Court of Appeals for the 11th Circuit voted 2-1 to stay Judge Steven Merryday’s decision blocking CDC rules just hours before the before the CDC’s rules were set to turn into non-binding recommendations for cruise companies operating out of Florida.

Florida Vs CDC USCA11 Case 21 12243 Ruling 20210717

On July 7th, the federal government asked the Court to stay pending appeal the district court’s preliminary injunction, which will lift—for all cruise ships arriving at, within, or departing from a Florida port on or after July 18—the COVID-19 health and safety protocols that were established by the Centers for Disease Control and Prevention (CDC) in close consultation with the cruise ship industry. The government specifically requested the Court to issue an administrative stay pending its consideration of this motion

The opinions from the judges were not published with the ruling.

19 Replies to “11th Circuit Court of Appeals Grants CDC’s Appeal for a Stay Pending Appeal”

  1. Elizabeth

    They are currently doing their simulated sailing so I’d imagine they will get their certificate so August sailing will more than likely be fine.

  2. John

    DCL will only be able to cruise if they can complete the test cruises and prove to the CDC that they are following the CSO. I was hoping the 11th circuit would have checked what appears to be just about limitless powers of the CDC, but unfortunately they didn’t. Looks like we’re stuck with the CSO until Oct 31 unless the CDC decides to modify it, cancel it prior to then, or some type of fast tracked case moves swiftly enough to end it or reinstate some type of injunction. Bummer.

  3. Enuff

    Treating people who are NOT SICK as if they ARE sick by forcing them to ACT SICK (social distancing, wear masks, quarantine, isolation) is a mental illness called Munchausen Syndrome.

  4. Paul

    That is some of the most twisted logic I have seen. I just cannot summon the energy to explain why. It would after all be pointless.

  5. Enuff

    Here’s twisted logic: Choosing to risk blood clots and heart problems over risking cold and/or flu symptoms. Good grief.

  6. Paul

    You are getting closer. It is about choice and percentages. The percentages said I was safer with a vaccine, so that is what I did. The alternative was getting really sick. No thanks. Hope you are right that you will only get flu like symptoms. Of course if you are wrong, well it will be too late at that point. Good luck.

  7. John

    Paul – those are your percentages. For many of us who are young, healthy with no comorbidities, the percentages are much different. Just take care of yourself without trying to insult others. Thanks.

  8. Enuff

    Why are vaccinated liberals so obsessed and terrified of unvaccinated people? According to their own scientific beliefs, they’re perfectly safe now.

  9. Phil

    When you choose not to vaccinate, it can affect the health of others around you. I consider this extremely selfish. The only way we are getting out of this pandemic is for everyone to get vaccinated. It is also the only way cruising is going to restart.

  10. Enuff

    I will never get vaccinated for a cold / flu. And your health is not my responsibility. It’s yours. You’re vaccinated. I’m no threat to you.

  11. PLI

    To change the subject somewhat, the latest legal developments are: (1) what happens in the CDC/Florida litigation. I understand Florida is going to take this up to the Supreme Court (or maybe to the 11 Cir. for a hearing in front of the entire court). Since the 11th Cir. hasn’t issued an opinion yet (supposedly it’s coming), not sure how this will play out. Again, I think the standing issue could be a killer; and (2) Norwegian’s lawsuit against Florida regarding the vaccine passport issue. The lawsuit was filed in the Southern District of Florida (Miami) where Norwegian operates from. I understand that Florida has filed a Motion to have the case transferred to the Central District and to Judge Merriday. Interesting tactic. I’ve seen it before. Sometimes it works; on the other hand sometimes courts see this as blatant judge shopping and get really pissed at the party attempting it. Interesting stuff (at least for me).

  12. Phil

    Covid is not a cold or flu. It can be much more serious than that. Your line of thinking is what is causing the new covid surge. You are *incredibly* selfish and because of people like you, it will take much longer to get out of this pandemic and cost many more lives. If you are not vaccinated, you are a health threat, maybe not to me but definitely to others.

  13. Paul

    John, I am going to make a comment you weren’t expecting. I respect you standing up for someone you don’t know whom you feel has been wronged. Well done. Have a good day.

  14. John

    Thanks Paul. This board is very helpful and normally pretty friendly. I enjoy the discussion when it’s respectful. I’m also going to make a comment you and others weren’t expecting. I’ve been searching for the J&J vaccine but can rarely find it here in SC and would likely take it if presented the opportunity. I’ve done enough research on that one now to feel at least somewhat comfortable with it, but not totally. But, once again, just measuring risk vs reward. But once I do get it I still will not agree with people like Phil, Disney Family and others who constantly shame and guilt others into putting something into their bodies that is not their choice. It’s not selfish to question any of this. My health is my responsibility. I have no desire to force others to do anything.

  15. John

    Thanks PLI. What is the typical timeline for any of what you mention? Curious if it is all unnecessary based on the CSO expiring Oct 31. Also curious on your thoughts on whether Norwegian has a shot. As we discussed earlier with the FL lawsuit, no cruise lines have joined with Norwegian on this one. Also find it interesting on their website they list vaccinations are required for cruising only through Oct 31.

  16. Paul

    @John. Tell you what. Drinks are on me if we meet up at sea. Now can we talk about the Norway and Iceland cruises. They are my favourite

  17. John

    @Paul. Anytime. I’m 50% Finn so always looking for that perfect cruise that includes Helsinki and St. Petersburg. Found and scheduled J&J vaccine for next Tuesday. Before and after, I still won’t care if the person next to me is vaccinated, unvaccinated, wearing a mask, not wearing a mask. None of my business and it won’t make a difference anymore anyway. I can only hope others will eventually feel the same way.

  18. PLI

    John-very glad you’re getting vaccinated.
    Typically, cases don’t move through the circuit courts quickly, but the CDC-Florida case probably will b an exception. DiSantis is seeking en banc review to the entire 11th Cir., which consists of 12 commissioned judges, many of whom are recent Trump appointees. As for Norwegian’s suit, I read the other day the district court in Miami scheduled a hearing for August 6. I think that case will move quickly. I don’t think it will get transferred to Judge Merryday.

    Hope to see u and others here on a cruise, where we’ll talk about anything other than COVID, politics, etc. I think what I miss most are the early morning walks with my daughter on Promenade deck, topped off with hot chocolate and bringing back coffee for my wife. Hope to do that again soon.


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