The Department of Justice (DOJ) on Tuesday said it would appeal a ruling nullifying the federal mandate for masks on planes and other public transit if the Centers for Disease Control and Prevention (CDC) determines that a “mandatory order remains necessary for the public’s health.”
“The Department 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,” DOJ spokesman Anthony Coley said in a statement Tuesday evening. “That is an important authority the Department will continue to work to preserve.”
“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,” Coley said.
It could be days or weeks before the CDC issues an assessment and the Justice Department makes a final decision on appealing the ruling, which came on Monday and resulted in confusion and an abrupt end to masking on domestic flights and other public modes of transportation.
The CDC extended the mask order for travel earlier this month through May 3 so that the agency could assess the impact of a recent rise in COVID-19 cases in parts of the country. That extension was set to take effect beginning Tuesday.
But a federal judge in Florida struck down the CDC mandate on Monday, arguing that the federal health agency exceeded its statutory authority.
The Transportation Security Administration stopped enforcing the mandate hours later.
The White House has urged Americans to continue to wear masks on public transportation, though President Biden said earlier Tuesday it is ultimately up to individuals to decide to wear masks on planes.
