WASHINGTON — The Justice Department announced Tuesday that it will appeal the ruling that lifted the federal mask mandate on planes, trains and transit systems, pending a decision by the Center for Disease Control that the order is still required for public health.
The Justice Department will not, however, ask the court to stay the decision, meaning passengers will be able to continue traveling maskless while the decision is litigated.
In the day since a federal judge in Florida struck down the CDC’s requirement, numerous airlines and public transit systems have announced that masks were optional.
“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” the DOJ said in a statement.
On Monday, U.S. District Judge Kathryn Kimball Mizelle ruled the travel mask mandate unlawful. The White House said the Transportation Security Administration would not enforce the rule on public transport and transportation hubs while the ruling is reviewed.
The decision to appeal could be driven less by the current conditions and more by a need to preserve the ability of the CDC to issue future mandates. Monday’s decision was broad, challenging the government’s right to issue a national mandate.
“The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health,” the DOJ said in a statement. “That is an important authority the Department will continue to work to preserve.”
Appealing also comes with risks. While Mizelle’s decision brought the national enforcement of the mandate to a halt, it carries little national precedent. But if her ruling was allowed to remain by a circuit court, it could further hamper the federal government to issue a mandate in the future.
The CDC’s mask mandate was enacted in February 2021 as a way to combat the Covid-19 pandemic and most recently extended through May 3.
Ahead of the most recent extension last week, the nation’s largest airlines lobbied the federal government to let the mandate expire. Airlines argued that enforcement has become difficult and that mandates in cities and states across the country were being lifted.