- The Biden administration said it will likely appeal a federal judge’s ruling that struck down coronavirus-related mask mandates on planes and other forms of public transportation.
- The DOJ and the CDC “disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” the DOJ said.
The Biden administration said Tuesday it will likely appeal a federal judge’s ruling that struck down Covid-19 mask mandates on planes and other forms of public transportation.
“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal,” the DOJ said in a statement, “subject to CDC’s conclusion that the order remains necessary for public health.”
“If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision,” the DOJ said.
On Monday, Judge Kathryn Kimball Mizelle of U.S. District Court in Tampa, Florida, ruled that the CDC overstepped its bounds by mandating that masks be worn on planes, trains, buses and other forms of public transportation. Mizelle was appointed to the federal bench in 2020 by former President Donald Trump.
The Transportation Security Administration said later Monday that it would not enforce mask-wearing rules, in accordance with Mizelle’s decision.
The CDC, meanwhile, maintained its recommendation that people wear masks on public transit.
The DOJ said Tuesday that it “continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health.”
“That is an important authority the Department will continue the work to preserve,” the agency’s statement said.
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