The Justice Department told a court in Florida Wednesday it is appealing a judge’s ruling invalidating the federal mask mandate on public transportation after the Centers …
The Justice Department told a court in Florida Wednesday it is appealing a judge’s ruling invalidating the federal mask mandate on public transportation after the Centers for Disease Control and Prevention said the rule remains vital to protecting public health. While it is not clear if the Biden administration will succeed, the move is likely to kick up a firestorm after airline passengers gleefully ripped off their masks following the Monday order. Justice Department lawyers had said they were ready to fight the order but were waiting for the public health agency to give them the go-ahead. “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health. CDC will continue to monitor public health conditions to determine whether such an order remains necessary,” the agency said. “CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.” After a confusing two days, the White House said it believed the decision to extend mask-wearing on planes, trains and buses was within the CDC’s authority and affirming that power was important given the uncertain nature of the pandemic — even if the mandate was set to expire on May 3. The fight over the transportation mask mandate had been somewhat of a “Catch-22” for President Biden, who has repeatedly deferred to the CDC. He is caught between that deference to public scientists and a pandemic-weary public that wants to shed masks and other rules, although an Associated Press-NORC poll on Wednesday said most Americans support a mask mandate on public transportation. SEE ALSO: Survey: Nearly half of hospital nurses report increased workplace violence Still, the administration could be kicking the hornet’s nest after passengers enjoyed two days of mask-free travel on planes, Amtrak, major transit systems and even Uber and Lyft.
