DOJ says it will appeal mask mandate decision if CDC calls for it

A court decision on Monday voided the mask mandate on public transit.

The Department of Justice announced Tuesday night it would appeal the recent ruling that voided the federal mask mandate on public transit if the Centers for Disease Control and Prevention deems it necessary.

The question now is whether the CDC still thinks the mandate on public transit is an important public health tool, a decision it stood behind just last week when it extended the mandate until May 3 to monitor an uptick in cases from the BA.2 variant, a more transmissible strain of omicron. And if the CDC does move to reimpose the mandate, it's unclear whether action from the Justice Department will lead to change before the mandate was set to expire anyway.

"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 Justice Department said in a statement Tuesday.

"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."