Yes, Dr. Fauci. Federal courts have judicial review over CDC regulations-and every other law and regulation in America.

"We are concerned about the courts getting involved in things that are unequivocally a public health decision This is a CDC issue, should not have been a court issue It was perfectly logical."

Every law and regulation in the U.S. are subject to judicial review.

Specifically, Article III, Section 2 of the Constitution states, "The judicial power shall extend to all cases, in law and equity, arising under this Constitution, [and] the laws of the United States".

In 1946, Congress established the Administrative Procedures Act, which explicitly states which departments and agencies are subject to judicial review under the Act.

The agencies excepted from APA types of judicial review are established in 5 U.S.C. Section 701: "The Congress; the courts of the United States; the governments of the territories or possessions of the United States; the government of the District of Columbia; agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; courts martial and military commissions; military authority exercised in the field in time of war or in occupied territory".

Under the Administrative Procedures Act, the CDC must justify its decisions when challenged in federal court.

Per Judge Mizelle, "Since the CDC did not explain its decision to compromise the effectiveness of its Mandate by including exceptions or its decision to limit those exceptions, the Court cannot conclude that the CDC 'articulated a 'rational connection between the facts found and the choices made.' And so, the decision is arbitrary and capricious and due to be 'set aside' and remanded to the agency."

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