U.S. DOJ to Appeal Ruling That Ends COVID-19 Mask Mandate for Public Transportation

The DOJ said in a statement that the mask mandate is "a valid exercise of the authority Congress has given CDC to protect the public health"

Woman traveling by plane wearing a facemask
Travelers wearing masks on a plane. Photo: Getty

The U.S. Department of Justice plans to appeal a Florida judge's ruling that struck down the Centers for Disease Control and Prevention's (CDC) mask mandate for travel.

On Monday, U.S. District Judge Kathryn Kimball Mizelle voided the mask mandate for airports, train stations, and other modes of transportation — which was put in place on Feb. 3, 2021, and recently extended to May 3 amid the coronavirus pandemic — writing in court documents seen by PEOPLE that the mask requirement "exceeds the CDC's statutory authority."

The DOJ responded to Judge Mizelle's ruling in a statement Tuesday via spokesman Anthony Coley.

"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 statement began.

It added that the DOJ "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."

"On April 13, 2022, before the district court's decision, CDC explained that the order would remain in effect while it assessed current public health conditions, and that the Transportation Security Administration would extend its directive implementing the order until May 3 to facilitate CDC's assessment," the DOJ continued.

"If CDC concludes that a mandatory order remains necessary for the public's health after that assessment, the Department of Justice will appeal the district court's decision."

President Joe Biden's administration previously responded to Judge Mizelle's decision, encouraging travelers and commuters to keep wearing their masks, per The Hill.

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"The agencies are reviewing the decision and assessing potential next steps. In the meantime, today's court decision means CDC's public transportation masking order is not in effect at this time," a Biden administration official said in a statement to several outlets.

"Therefore, TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time," the official added. "CDC recommends that people continue to wear masks in indoor public transportation settings."

White House press secretary Jen Psaki called the ruling "disappointing" during a briefing on Monday, noting that the administration is reviewing the decision, which they could choose to appeal.

Delta Airlines, Alaska Airlines, American Airlines and Southwest Airlines have also released statements detailing their new relaxed masking policies. United Airlines has lifted its policy in a memo to its staff.

"This means that you are no longer required to wear a mask — and no longer have to enforce a mask requirement for most of the flying public," the memo said, according to Bloomberg.

Despite the ruling, New York's Metropolitan Transportation Authority (MTA), NJ Transit and Amtrak have announced that they will still require masks, according to WNBC.

As information about the coronavirus pandemic rapidly changes, PEOPLE is committed to providing the most recent data in our coverage. Some of the information in this story may have changed after publication. For the latest on COVID-19, readers are encouraged to use online resources from the CDC, WHO and local public health departments.

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