Topline
The federal government will appeal a judge’s Monday decision to throw out the nationwide mask mandate for airplanes and public transportation, but only if the Centers for Disease Control and Prevention deems the mandate necessary, the Department of Justice announced Tuesday.
LOS ANGELES, CA – APRIL 19: Passengers make their way through Delta Airlines Terminal Two at Los … [+]
Key Facts
The two government entities will appeal federal District Court Judge Kathryn Kimball Mizelle’s ruling if the CDC concludes the mandate—which enforces mask-wearing on airplanes, trains, buses, taxis and other forms of public transportation—is still “necessary for public health,” DOJ spokesperson Anthony Coley said in a release Tuesday.
The CDC was already planning to assess whether the mask mandate, which has been in place since February 2021, should remain in place given current Covid-19 trends, and on April 13 said the mandate would remain in effect until it completes its assessment on May 3—but this extension was cut off by Mizelle’s ruling.
The CDC will continue the assessment and offer a conclusion on whether the mandate is still needed by May 3.
Key Background
Monday’s ruling came as a result of the Health Freedom Defense Fund’s July lawsuit against the CDC and the Biden Administration over what it deemed an unlawful mask mandate. Mizelle, who was appointed as a federal judge to the Middle District of Florida two years ago by then-President Donald Trump, determined the CDC had overstepped its authority by implementing a federal mandate.
Surprising Fact
The DOJ’s announcement came hours after President Joe Biden told reporters that Americans’ decision to wear a mask on planes or public transportation is “up to them.” That day, White House Press Secretary Jen Psaki said in a briefing “public health decisions shouldn’t be made by the courts. They should be made by public health experts.”
What To Watch For
The CDC said it will monitor the BA.2 subvariant of the coronavirus’ omicron strain during its assessment. The new subvariant made up most sequenced cases in the U.S. as of Saturday and has caused case rates to spike in several states—though cases, along with Covid-related hospitalizations and deaths, remain at far lower levels than they were during the winter’s omicron-fueled surge.
Source: https://www.forbes.com/sites/masonbissada/2022/04/19/doj-says-it-might-appeal-ruling-against-airline-mask-mandate-if-cdc-thinks-mask-wearing-is-still-needed/