Monday, May 23, 2022
HomeHealthC.D.C. Seeks Attraction to Reinstate Transportation Masks Mandate

C.D.C. Seeks Attraction to Reinstate Transportation Masks Mandate


WASHINGTON — The Centers for Disease Control and Prevention said Wednesday that it had asked the Justice Department to appeal a federal court ruling striking down its requirement for masking on planes, trains, buses and other modes of transportation, after concluding that “an order requiring masking in the indoor transportation corridor remains necessary for the public health.”

The announcement came a day after the Biden administration said it intended to appeal the ruling from a Florida judge — but only if the C.D.C. decided that the mask mandate was still necessary. The Department of Justice also announced it would appeal.

“C.D.C. believes this is a lawful order, well within C.D.C.’s legal authority to protect public health,” the agency said in a statement, adding that it “continues to recommend that people wear masks in all indoor public transportation settings.”

An appeal is potentially risky for the agency. The ruling by Judge Kathryn Kimball Mizelle of Federal District Court, an appointee of former President Donald J. Trump, does not set a legal precedent. But should an appeals court, or the Supreme Court, uphold her decision, it could permanently constrain the C.D.C.’s authority.

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