Justice Department appeals mask ruling after CDC says mandate "remains necessary for the public health"

The Justice Division has filed an enchantment that seeks to reverse a choose's current ruling that ended the nation's masks mandate on public transit. The Facilities for Illness Management and Prevention had requested the division to enchantment the choice, issuing a press release Wednesday that stated the mandate "stays essential for the general public well being."

"CDC continues to suggest that individuals put on masks in all indoor public transportation settings," the CDC's assertion continued. "CDC's primary precedence is defending the general public well being of our nation. As we've got stated earlier than, sporting masks is most helpful in crowded or poorly ventilated places, such because the transportation hall."

The Justice Division stated Tuesday it will enchantment U.S. District Choose Kathryn Kimball Mizelle's choice provided that the CDC stated the mandate was nonetheless essential. The division stated Tuesday that it disagreed with the district court docket's choice, and upon submitting the enchantment, Justice Division spokesman Anthony Coley issued a press release Wednesday saying, "In gentle of at present's evaluation by the CDC that an order requiring masking within the transportation hall stays essential to guard the general public well being, the Division has filed a discover of enchantment in Well being Freedom Protection Fund, Inc., et al., v. Biden, et al."

On Monday, Mizelle voided the CDC's requirement protecting airplanes and different public transit, ruling that the mandate exceeded the authority of U.S. well being officers. Within the aftermath, the Transportation Safety Administration stated it will now not implement the mandate.

The choose's choice got here days after the CDC had prolonged the masks mandate, which had been set to run out Monday, by two weeks to provide researchers extra time to review the Omicron subvariant BA.2.   

Nevertheless, the response to the ruling has been assorted. Some cities, together with New York Metropolis and Philadelphia, nonetheless require masks to be worn in airports and on public transportation, whereas others, equivalent to Houston and Atlanta, don't. Even airways now have differing guidelines for masking, though most now say masks are non-obligatory for passengers. Amtrak has additionally stated masks are now not required on trains or in stations.

Requested Tuesday if individuals ought to nonetheless put on masks on planes, President Biden replied: "That is as much as them," in line with The Related Press.

Dr. Céline Gounder, an infectious illness professional and editor-at-large for Kaiser Well being Information, instructed "CBS Mornings" that the CDC's extension was the "acceptable" and "cautious" strategy.

"We all know that this virus mutates. In actual fact, it is mutating very quickly," she stated. "We'll see extra variants, and we'll see different pandemics after COVID. So I do assume the concept of stripping ourselves of an important software and toolbox is a extremely dangerous thought."

Victoria Albert and Robert Legare contributed reporting.

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