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 The 11th Circuit Court of Appeals in Atlanta on Saturday had voted
2-1 to block a lower court decision that barred the CDC's cruise
ship order from being enforced.
A spokeswoman for Florida Attorney General Ashley Moody said the
state is pleased the appeals court has lifted "the prior order
allowing the preliminary junction to be in place."
The three-judge 11th Circuit appeals panel on Friday said it had
withdrawn its earlier order and rejected the government's request
because it had "failed to demonstrate an entitlement to a stay
pending appeal."
The appeals court ruling came soon after the state of Florida had
filed an emergency petition with the Supreme Court asking the high
court to lift the appeals court order, warning that without action
the state was "all but guaranteed to lose yet another summer cruise
season while the CDC pursues its appeal," the state said in its
filing to the Supreme Court.
CDC did not immediately comment on Friday on the appeals court
order.
In June, U.S. District Judge Steven Merryday in siding with
Republican-led Florida found the state was "highly likely" to show
the CDC exceeded its authority in adopting rules governing the
resumption of cruise ship sailing.
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 The CDC in May began approving
some cruise operations after lengthy talks with
the industry about health and safety protocols.
Operations were suspended in March 2020 amid the
COVID-19 pandemic.
CDC's conditional sail order said cruise lines
that ensured at least 95% of passengers and
nearly all crew were vaccinated could bypass
simulated voyages and move more quickly to
resuming commercial trips.
Cruise Lines International Association, a trade
group, did not indicate on Friday whether it
supported Florida'a legal challenge, but said
before the appeals court order that cruise ships
will continue to operate in accordance with the
CDC requirements.
Norwegian Cruise Line Holdings Ltd has sued
Florida, saying state law prohibiting cruise
lines from requiring COVID-19 vaccine
documentation was preventing it "from safely and
soundly resuming passenger cruise operations"
from Miami starting on Aug. 15.
(Reporting by David Shepardson and Lawrence
Hurley in WashingtonEditing by Leslie Adler and
Matthew Lewis)
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