CDC says masking still necessary: Assessment to trigger DOJ appeal of judge's ruling on mask mandate

WASHINGTON – The Centers for Disease Control and Prevention has determined that its order requiring masking on planes and other public transit is still needed, setting in motion a Justice Department appeal of a federal court decision that overturned the mandate.

"It is CDC's continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health," the agency said in a Wednesday statement. "CDC will continue to monitor public health conditions to determine whether such an order remains necessary. CDC believes this is a lawful order, well within CDC’s legal authority to protect public health."

Following the CDC statement, Justice immediately filed a notice of appeal.

"In light of today’s assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health, the Department has filed a notice of appeal," the Justice Department said.

The appeal announcement does not change the removal of the mask mandate earlier this week. The Justice Department did not request for a stay of the judge's ruling, which would have reinstated the masking requirements.

The Justice Department said Tuesday it planned to appeal a Florida federal judge’s ruling that voided the federal mask mandate for travelers if the CDC believes masking remains necessary.

The White House faced a dilemma as it weighed an appeal. If the appeal succeeds and passengers are forced to wear masks on planes again, the president could face political blowback.

But White House press secretary Jen Psaki said an appeal is needed not just to preserve the 15-day extension of the mandate but to preserve "CDC authority over the long-term" in case the pandemic worsens again. "Because as we've noted from here, we expect there to be ups and downs of the pandemic. And we certainly want the CDC to continue to have this authority."

Even though the federal government said earlier this week that it is is no longer enforcing the mask mandate, the White House is recommending passengers wear masks.

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U.S. District Court Judge Kathryn Kimball Mizelle said the CDC failed to justify the order and didn't follow proper rulemaking procedures.

As a result, the CDC said Monday that it would no longer enforce its order requiring masks on mass transportation systems, though it continued to recommend masks in "indoor public transportation settings at this time."

Communication from federal agencies came late Monday, leaving crew and passengers to deal with a patchwork of rules as some transit agencies and ground transportation companies were left to decide their own policies.

By Tuesday, every major U.S. airline and many airports said they would no longer enforce face coverings. Uber, Lyft, Coach USA, Megabus, Greyhound and Amtrak no longer require face masks.

The federal mask mandate was announced in January 2021. Before the judge's decision, the mandate was set to last through at least May 3. It required face coverings on airplanes, trains, buses and public transportation hubs.

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This article originally appeared on USA TODAY: CDC says masking is still necessary, triggering a DOJ appeal