Topline
The Department of Justice said Wednesday it will appeal a judge’s Monday decision to throw out the federal mask mandate for airplanes and public transportation, immediately after the Centers for Disease Control and Prevention asked the DOJ to do so and called the mandate a “lawful order” that “remains necessary for the public health.”
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Key Facts
The DOJ filed a notice of appeal Wednesday, one day after the DOJ pledged to appeal federal District Court Judge Kathryn Kimball Mizelle’s ruling should the CDC deem the mask mandate necessary.
The CDC requested the appeal in a Wednesday release, and urged everyone to continue to wear masks on public transit despite it no longer being a requirement, as masks are “most beneficial in crowded or poorly ventilated locations.”
Key Background
The federal mask mandate for transportation settings was first imposed in early 2021 and extended several times. It was set to expire on May 3 following the CDC’s latest extension, but Mizelle’s ruling cut this extension short. Mizelle, a federal judge appointed to the Middle District of Florida two years ago by then-President Donald Trump, deemed the mandate “arbitrary and capricious,” and said the CDC had overstepped its authority by imposing a nationwide mask-wearing rule for airplanes, trains, buses, taxis and other forms of public transportation. The Health Freedom Defense Fund first filed a lawsuit against the CDC and the Biden Administration in July, claiming the mandate was unlawful.
Tangent
In the weeks leading up to Mizelle’s decision, multiple polls found a majority of Americans wanted a mask mandate to remain in place for airlines and other forms of transportation. A Harris poll conducted earlier this month found 60% of people surveyed wanted the mandate extended while just 21% strongly opposed it.
What To Watch For
If the 11th Circuit Court of Appeals upholds Mizelle’s ruling, it could set a precedent for all other federal courts in the circuit. If the case is taken to the Supreme Court and is upheld, the court may set a nationwide precedent about CDC authority.
Source: https://www.forbes.com/sites/masonbissada/2022/04/20/doj-will-appeal-ruling-against-airline-mask-mandate-following-cdcs-request/