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.
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The CDC still advises people to wear masks on public transit, White House spokesperson Jen Psaki noted shortly before Biden’s comment.
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“We’re continuing to encourage people to wear masks,” Psaki told reporters on Air Force One.
After landing in New Hampshire, a short while later, Biden, asked whether people should continue to wear masks on planes, said, “It’s up to them.”
Monday’s court decision, made in response to a lawsuit filed last year in Tampa, Florida, means the CDC’s public transportation masking order is no longer in effect, a U.S. official said.
It comes as COVID-19 infections are rising in the United States, and more than 400 people are dying daily from the airborne disease, based on the latest seven-day average.
The ruling followed a string of judgments against Biden administration directives to fight the infectious disease that has killed nearly 1 million Americans, including vaccination or COVID testing mandates for employers.
“Public health decisions shouldn’t be made by the courts. They should be made by public health experts,” Psaki said.
— with files from Reuters
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