October 6, 2022
The DOJ has asked a federal appeals court to overturn a ruling that lifted a mask mandate for public transportation including commercial airplanes.

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The U.S. Justice Department on Tuesday asked a federal appeals court to overturn a U.S. District Court judge’s order that declared a government mandate requiring masks on public transportation unlawful, according to a report. 

A federal judge in April voided the Biden administration’s mask mandate for travelers using public transportation such as trains and airplanes. The mandate from the Centers for Disease Control and Prevention (CDC) applied to people as young as 2-years-old.

FILE: A United Airlines worker assists travelers after the Biden administration announced it would no longer enforce a U.S. coronavirus disease (COVID-19) mask mandate on public transportation, at Ronald Reagan Washington National Airport in Arlington, Virginia, U.S.

FILE: A United Airlines worker assists travelers after the Biden administration announced it would no longer enforce a U.S. coronavirus disease (COVID-19) mask mandate on public transportation, at Ronald Reagan Washington National Airport in Arlington, Virginia, U.S. (REUTERS/Kevin Lamarque/File Photo)

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After the judge’s ruling the DOJ said it would appeal the judge’s ruling if the CDC deemed it necessary. The DOJ has told the federal appeals court that the CDC order, issued in January 2021, was “within” the agency’s legal authority, Reuters reported. 

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The ruling from U.S. District Court Judge Kathryn Kimball Mizelle, came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC’s authority, was “arbitrary” and “capricious,” and for not going through the required notice and comment period for federal rulemaking.

This is a developing story. Check back for updates.