The Centers for Disease Control and Prevention said it has asked the Justice Department to appeal a federal judge’s ruling that overturned a federal mask mandate for air travel and public transportation.
“To protect CDC’s public health authority beyond the ongoing assessment last week, CDC has asked DOJ to proceed with an appeal” of the ruling, the agency said in a statement. “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.”
U.S. district judge Kathryn Kimball Mizelle, a Trump appointee, ruled on Monday that the mask mandate for air travel, buses, and trains violated the Administrative Procedure Act.
The Biden administration’s appeal of Mizelle’s ruling comes after numerous airlines as well as Amtrak rescinded their mask requirements on Monday. President Biden has also said that Americans could now choose whether to wear masks on flights.
“Should people continue to wear masks on planes?” a reporter asked the president on Tuesday.
“That’s up to them,” Biden responded.
Reporter: "Should people continue to wear masks on planes?"
Biden: "That's up to them." pic.twitter.com/SyEg4WUzxu
— The Recount (@therecount) April 19, 2022
White House press secretary Jen Psaki said the administration still recommends wearing masks on planes.
“People are not legally bound to wear masks. So, it is a point in time where it is up to people, it is their choice,” Psaki told reporters at a White House press conference on Wednesday.