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The Justice Department is gearing up to appeal the lifted federal mask mandate that was quickly set into place on Monday. Although COVID-19 cases appear to be relatively low across the United States, the Centers for Disease Control and Prevention have asked the department to help overturn the ruling. According to DOJ spokesperson Anthony Coley, the CDC stated in its notice of appeal that they believe mask-wearing still “remains necessary to protect the public health,” especially as new variants like the Omicron BA.2 subvariant begin to emerge.
The CDC doubles down on mask-wearing
CDC officials argue that masks are “most beneficial in crowded or poorly ventilated locations.”
“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,” the public health agency said in a statement. Until the decision is finalized through litigation, passengers will still be allowed to travel maskless.
As MADAMENOIRE previously reported, on April 18, Florida U.S. District Judge Kathryn Kimball Mizelle ruled in favor of the Freedom Defense Fund’s lawsuit against the CDC which argued that the agency’s mandate went against people’s individual freedom. The Biden administration also urged the courts to extend the mask mandate on airplanes, trains and other forms of public transportation, but the judge struck down the request.
“Without any public comment, or serious scientific justification, CDC bureaucrats imposed a sweeping Travel Mask Mandate applying to every American over the age of two,” said HFDF President Leslie Manookian in a statement.
Questions loom about the federal government’s authority
Experts worry that Mizelle’s decision could impact the federal government’s authority to issue mandates in the future if her ruling is allowed to remain. The mask mandate was set in place by the CDC in February 2021 and was most recently extended through May 3.
Following the announcement, a number of airline carriers dropped their mask policies, making it optional for passengers to wear a mask in flight or at the airport.
Delta Air Lines, American Airlines, United Airlines, and Jet Blue were among the major airline companies that ditched their mask mandates on Monday. American Airlines told passengers that face masks may still be required based on local ordinances in other domestic or international locations.
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