Justice Department will appeal mask ruling if CDC says mandate is still needed

The Justice Division will attraction a district choose's determination to finish the nationwide masks mandate on public transit provided that the Facilities for Illness Management and Prevention says the mandate remains to be essential, the division stated Tuesday in a press release. The DOJ added that it disagrees with the district court docket's determination.

On Monday, U.S. District Decide Kathryn Kimball Mizelle in Tampa voided the CDC's requirement masking airplanes and different public transit, saying the mandate exceeded the authority of U.S. well being officers. Within the aftermath, the Transportation Safety Administration stated it will not implement the mandate.

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

"If CDC concludes that a necessary order stays essential for the general public's well being after that evaluation, the Division of Justice will attraction the district court docket's determination," the Justice Division stated.

In a press release Tuesday night time, the CDC stated it "continues to advocate that folks put on masks in all indoor public transportation settings." 

"We are going to proceed to evaluate the necessity for a masks requirement in these settings, based mostly on a number of components, together with the U.S. COVID-19 group ranges, danger of circulating and novel variants, and developments in instances and illness severity," the assertion added.

Nevertheless, the response to the ruling has been diversified. Some cities, together with New York Metropolis and Philadelphia, nonetheless require masks to be worn in airports and on public transportation, whereas others, resembling Houston and Atlanta, don't. Even airways now have differing guidelines for masking, though most now say masks are optionally available for passengers. Amtrak has additionally stated masks are 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 keeping with The Related Press.

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

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

Victoria Albert contributed reporting.

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