President Joe Biden has decided to challenge the court ruling which eliminated the CDC mask order for public transport. Tuesday evening, the Biden administration issued an after-hours response to the ruling overturning the CDC mask requirements:
“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 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. That is an important authority the Department will continue to work to preserve."
Since the DOJ and the CDC are both arms of the Biden administration, it is really just a formality to suggest the appeal is contingent on the CDC's recommendation. Trump appointee and District Court Judge Kathryn Kimball Mizelle struck down the federal mask mandate for airplanes and other modes of public transportation Monday.
Prior to this announcement, President Biden had said "that's up to them," when questioned on whether travelers should continue to wear masks onboard airplanes.
A number of airline carriers have already lifted mask restrictions in response to the court ruling.
The administration's first stop will be the Court of Appeals for the 11th Circuit. If it doesn't like the answer there, it could try its luck at the Supreme Court.
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