Senate Joint Resolution 37, introduced by Senator Rand Paul (R-Ky.), would provide “for congressional disapproval … of the rule submitted by Centers for Disease Control and Prevention relating to ‘Requirement for Persons To Wear Masks While on Conveyances [planes, trains, and buses] and at Transportation Hubs.’” In a floor speech in support of his resolution on March 15, 2022, Senator Paul stated, “While the efficacy of masks is debatable, the question of whether or not the Federal Government possesses the power to mandate that you wear a mask is not debatable. The 10th Amendment clearly states that powers not specifically enumerated by the Constitution for the Federal Government are retained by the States and the people respectively.”
The Senate passed S. J. Res. 37 on March 15, 2022 by a vote of 57 to 40 (Roll Call 81). We have assigned pluses to the yeas because the CDC rule requiring persons to wear masks while on planes, trains, and buses is unconstitutional based on the 10th Amendment.
