U.S. Justice Department Challenges Ruling to Lift Federal Mask Mandate

The Justice Department is appealing to reverse a judge’s ruling that invalidated the federal mask mandate on planes, trains, and in transportation hubs, officials announced on Wednesday.

The announcement came shortly after the U.S. Centers for Disease Control and Prevention (CDC) requested the Justice Department to challenge the recent federal judge's decision in Florida.

An appeal notice was submitted to federal court in Tampa.

In a statement on Wednesday, the CDC asserted that it continues to believe that a mandate for masks in indoor transportation corridors is essential for public health at this time.

It remains uncertain if the Biden administration will request the appeals court to issue an emergency stay to promptly reinstate the mask mandate for public transit. An emergency stay of the lower court’s decision would create confusion for travelers and transit workers. Following Monday’s ruling, most airlines, airports, public transit systems, and rideshare company Uber quickly dropped their mask requirements.

A federal judge in Florida overturned the national mask mandate for mass transit on Monday, prompting airlines and airports to quickly eliminate their face-covering requirements for passengers. The Transportation Security Administration (TSA) announced Monday that it would cease enforcing the mask mandate.

The CDC had recently extended the mask mandate, originally set to expire on April 18, to May 3, allowing more time to assess the BA.2 Omicron subvariant, which is currently responsible for most U.S. cases. However, the court ruling on Monday halted that decision.

The CDC stated it will continue to evaluate public health conditions to assess whether the mandate is still necessary. It believes the mandate is “a lawful order, well within CDC’s legal authority to safeguard public health.”

Justice Department spokesperson Anthony Coley mentioned on Wednesday night that the department is pursuing the appeal “in light of today’s evaluation by the CDC that a mask requirement in the transportation corridor is essential for public health protection.”

Following a winter surge driven by the Omicron variant that led to unprecedented hospitalizations, the U.S. has experienced a notable decrease in virus transmission over the past few months, prompting most states and cities to lift mask mandates.

However, several cities in the Northeast have recently reported an uptick in hospitalizations, prompting Philadelphia to reinstate its mask mandate.