Biden administration to appeal mask mandate ruling — Analysis

As the DOJ promises a new appeal, legal action over federal mask mandate will continue.

After the federal rule on public transport was rejected by a judge, the Biden administration plans to restore the requirement for a federal face mask. The Justice Department has cited a US Health officials’ recent assessment. 

A notice of appeal was filed in a federal court in Tampa, Florida on Wednesday – soon after the Centers for Disease Control and Prevention (CDC) asked Justice officials to review the ruling which overturned Biden’s mask mandate on planes, trains and buses, arguing it was still needed to safeguard the public.

This was the final decision “in light of today’s assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health,”Anthony Coley, spokesperson for the DOJ, told The Associated Press.

US judge cancels mask mandate on planes and trains

Biden called for compulsory mask-wearing in an executive order that he signed shortly after taking office in January 2021. Soon after the CDC issued its transportation mask mandate, Kathryn Kimball Mizelle of US District Court said that while it allowed for public input, she did not adequately explain her reasoning.

“The court concludes that the mask mandate exceeds the CDC’s statutory authority and violates the procedures required for agency rulemaking,”In her decision, the judge said. “Accordingly, the court vacates the mandate and remands it to the CDC.”

While some government officials still urge citizens to follow the mask rule, Biden is less firm, saying that it’s a matter of principle. “up to them [Americans]”During an event that took place on Tuesday. Jen Psaki, Press Secretary, echoed the same remarks one day later and acknowledged that at least temporarily “people are not legally bound to wear masks.”

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