The Centers for Disease Control and Prevention on Wednesday asked the Justice Department to challenge a court ruling that invalidated a long-running rule that forced plane and train passengers to wear masks.
The CDC ended 48 hours of uncertainty after federal officials stopped enforcing the rule late Monday and President Biden said “that’s up to them” Tuesday when asked if people should keep wearing masks on planes.
The Justice Department did not immediately appeal Florida US District Judge Kathryn Kimball Mizelle’s Monday ruling that the CDC overstepped its authority by imposing the mask rule — with Biden administration lawyers saying they would defer to the CDC.
“To protect CDC’s public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal,” the CDC said in a Wednesday evening statement.
“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,” the CDC statement continued. “CDC will continue to monitor public health conditions to determine whether such an order remains necessary. CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”
US cases of COVID-19 are down dramatically since hitting an all-time high in January as the more infectious but less deadly Omicron variant of the virus spread. Most US cities have eliminated indoor mask mandates for businesses and public buildings.
“CDC continues to recommend that people wear masks in all indoor public transportation settings,” the federal health agency continued in its statement.
“CDC’s number one priority is protecting the public health of our nation. As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor. 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.”
This is an excerpt from the New York Post.
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