On Wednesday, the Department of Justice (DOJ) filed an appeal against a judge’s decision on Monday that ended the federal mask mandate on public transportation and planes. The judge’s ruling came just days after the CDC opted to extend the mask mandate until at least May 3 so that it could analyze the existing impact of new COVID subvariants on hospital capacity.
Infections caused by the omicron variety spiked sharply during the winter months in the U.S., but cases have plummeted since then. In accordance with these developments, the CDC had lately relaxed many of its core health criteria but had extended the mask mandate for public transportation and planes.
The filing was not unexpected, as government officials had stated previously that they would appeal if the Centers for Disease Control and Prevention (CDC) determined the order was “necessary for public health,” according to a statement released by the DOJ.
That is exactly what happened.
DOJ spokesman Anthony Coley said in a written statement on Wednesday:
“In light of today’s assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health, the Department has filed a notice of appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al.”
U.S. District Judge Kathryn Kimball Mizelle, a Trump-era appointee, ruled on April 18 that the CDC overstepped its powers by mandating facial coverings on flights and trains, buses, and other modes of public transportation.
Following the ruling on Monday, the Transportation Security Administration said it would stop enforcing mask requirements. The Dallas Express reported companies including United Airlines, Delta Airlines, and the railway operator Amtrak quickly announced Monday night that masks were no longer required for passengers and staff using their transport services.
After Judge Mizelle’s ruling, Biden said that travelers could decide for themselves whether or not to wear face masks but strongly advised people to wear them. The administration practiced what it preached, as travelers aboard Air force One reportedly wore masks on a flight on Tuesday.
“We’re continuing to recommend people wear masks,” said Press Secretary Jen Psaki soon after the ruling.
Psaki stated that the intent of the DOJ’s appeal is to block the lifting of the mask mandate extension “but also to preserve the CDC authority over the long term.”