Coronavirus

Department of Justice to appeal the decision to authorize the lifting of masks on airplanes and trains if the CDC considers the rule necessary

WASHINGTON – The Justice Department announced Tuesday that it will appeal ruling to remove federal mask regulations on airplanes, trains, and transit systems, pending a decision from the Centers for Disease Control that the order is still required public health.

However, the Department of Justice will not ask the court to uphold the decision, meaning passengers will be able to continue traveling without a face covering while the decision is sued.

In the day since a federal judge in Florida denied the CDC’s request, many airlines and public transit the system announced that the mask is optional.

“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s finding that the order is still necessary for public health. “, the DOJ said in a statement.

On Monday, US District Judge Kathryn Kimball Mizelle ruled the travel mask authorization to be illegal. The White House said the Transportation Security Administration would not enforce regulations on public transit and transit hubs while the ruling is reviewed.

The decision to appeal may be motivated less by current conditions and more by the need to maintain CDC’s ability to issue future mandates. Monday’s decision is broad, challenging the government’s right to enact a national mandate.

“The Department continues to believe that the order to require face coverings in transit corridors is a valid act of authority conferred by Congress on CDC to protect public health,” the DOJ said in a statement. “It is an important authority that the Department will continue to work to preserve.”

Attraction also comes with risks. Although Mizelle’s decision brought the country’s mission to a halt, it still carried a bit of national precedent. But if her ruling is still allowed by an circuit court, it could prevent the federal government from issuing a future authorization order.

The CDC’s mask mandate was enacted in February 2021 as a way to combat the Covid-19 pandemic and was most recently extended to May 3.

Before the most recent extension last week, the nation’s largest airlines lobbied the federal government to allow it to lapse. The airlines argued that enforcement had become tough and that duties in cities and states around the country were being lifted.


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