Biden administration will appeal mask mandate ruling if CDC deems it necessary

The Justice Department said it will not appeal a federal district judge's ruling to drop a mask mandate on public transit unless the CDC believes it is still necessary.

The Justice Department said Tuesday it will not appeal a federal district judge’s ruling that ended the nation’s federal mask mandate on public transit unless the Centers for Disease Control and Prevention believes the requirement is still necessary.

In a statement released a day after a Florida judge ended the sweeping mandate, which required face coverings on planes and trains and in transit hubs, Justice Department spokesman Anthony Coley said officials believe that the federal mask order was “a valid exercise of the authority Congress has given CDC to protect the public health.”

He said it was “an important authority the Department will continue to work to preserve.”

Coley said the CDC had said it would continue to assess public health conditions, and if the agency determined a mandate was necessary for public health, the Justice Department would file an appeal.

Hours earlier President Joe Biden answered a question about whether travellers should keep masking on planes by saying “it’s up to them.”

Biden’s statement was at odds with his administration’s official guidance.

The CDC still advises people to wear masks on public transit, White House spokesperson Jen Psaki noted shortly before Biden’s comment.

“We’re continuing to encourage people to wear masks,” Psaki told reporters on Air Force One.