The White House on Wednesday appealed a U.S. federal judge’s ruling that a nationwide mandate requiring face masks on airplanes and other public transportation is not legal, a Justice Department spokesman announced in a tweet.
“The Department has filed a notice of appeal,” Anthony Coley announced, also referring to the order issued by the Centers for Disease Control and Prevention (CDC).
In Monday’s rulingUS District Judge Kathryn Kimball Mizelle in Tampa, Florida, said health officials had exceeded their authority in issuing the order.
“The Department of Justice and the Centers for Disease Control and Prevention disagree with the district court’s decision and will appeal, subject to the CDC’s conclusion that the order remains necessary for public health,” The Department of Justice advanced in a statement.
In her decision, Judge Mizelle found that the CDC did not adequately justify its decision and did not follow procedures in issuing the order.
The Department of Justice argues that the use of masks is a valid exercise for the prevention of diseases and continues to defend the directive of mandatory use on public transport, at least until May 3.
“If the CDC concludes that a mandatory public health order remains necessary after that evaluation, the Department of Justice will appeal the district court’s decision,” Justice said in a previous statement.
The mask mandate, which was first issued in February 2021, covers planes, trains, transit hubs, taxis and rideshares.
Mizelle was appointed by former President Donald Trump. The lawsuit against the mask mandate was filed last year in Florida by a group called the Health Freedom Defense Fund.
Airlines had pushed for months for federal officials to end the mask mandate, arguing that advanced filters on planes make in-flight transmission of the coronavirus unlikely.
* Some information in this report also came from the Associated Press and Reuters.
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