Justice Department appeals ruling lifting transit mask mandate after CDC request
S E E D E D C O N T E N T
The Department of Justice has moved to appeal a ruling that struck down the federal mask mandate on planes, trains and transit systems after a request by the Centers for Disease Control and Prevention.
The CDC said in a statement Wednesday that "at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health," adding that it has asked the Justice Department to proceed with an appeal.
The Justice Department said that it has filed a notice of appeal "in light of today's assessment by the CDC" in a statement late Wednesday afternoon.
The Justice Department has not asked the appeals court to block the judge's order that lifted the federal mask mandate on transit systems, meaning passengers will be able to continue traveling maskless while the decision is litigated.
On Monday, U.S. District Judge Kathryn Kimball Mizelle for the Middle District of Florida ruled that the travel mask mandate was unlawful, arguing that the CDC had overstepped its legal authority by imposing the mandate in February 2021.
The mandate, which was rolled out to combat the Covid-19 pandemic, had recently been extended to May 3 before it was struck down.
The Justice Department announced earlier this week that it would appeal the ruling if the CDC decides that masks are still required on public transportation.
"As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor," the CDC said Wednesday. "When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone."
Because of the ruling, the White House said the Transportation Security Administration will no longer enforce masks on public transport and in transportation hubs. Several airlines, including United, Delta and American, have since issued statements saying masks are now optional.
White House press secretary Jen Psaki told reporters during a news conference Wednesday that the Biden administration is "deferring to the CDC on what they believe is needed at this moment."
The agency extended the mandate "because they felt they needed to take a look at the data, given that we've seen a rise in cases," she said, noting that the Justice Department had signaled it would appeal the judge's decision in an effort to empower the CDC during the public health crisis.
"We want to preserve that authority for the CDC to have in the future," she said.
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Just wondering how you would feel sitting in the middle seat of an airplane between a couple of strangers who are not wearing masks. It is well known that a mask is more effective if worn by others in your presence than one worn by yourself for prevention. I was amused to read in another article that the airplanes' air filtration systems are equally as effective as ones in hospitals - If so, why do all hospital staff wear masks?
And you just got Fauci’d .... again
And since when does the CDC have the authority to implement mandates, policy and rules? I understood it that they can only make RECOMMENDATIONS and it was up to the Surgeon General to work with DHHS to implement mandates, rules and policy.
It's also odd that the we were subjected to the man child Fauci and not the Surgeon General.
Those who complain about having to wear a mask are pussies.
And exactly what does that have to do with the questions I ask or my statement in general? Or are you just trolling?
I don't understand the science here. So they want to bring back the mask mandates on air planes and public transportation because Covid is still such an urgent issue however Covid is not such an urgent issue at the Southern border where they want to eliminate Title 42.
I'm trying to understand what science they are following here...
Well, as the article explains, the DOJ appeal isn't about masks, science, or the pandemic. The Florida district court ruling was that the CDC overstepped its legal authority in February, 2021. The appeal is only about the CDC retaining the unilateral power to impose regulations onto the country without Congressional input.
The central issue is a conflict between the authority of the President, Congress, and independent agencies of the government. Notice that people's rights aren't part of the discussion.
42 CFR § 70.5 - Requirements relating to travelers under a Federal order of isolation, quarantine, or conditional release.
42 U.S. Code § 264 - Regulations to control communicable diseases
There is a lot more at the links, but this the law both the Trump and Biden admins have used for Order 42 and federal travel mandates.
cool, a window of opportunity for the new variant. the anti-vaxer and Q-nut bonus round...
The Biden admin doesn’t really want this overturned Anytime soon.if they they did, they’d have asked for a stay of the judges order.
instead, they can litigate away while telling the mandatory mask people that they are fighting for them, even if they are in no hurry to win because that would mean masks are back.
it’s always politics, not science, with the Biden admin.