The Department of Justice said on Tuesday it would appeal the decision of the joint judge to revoke the Center for Disease Control and Protection's public transportation if the Centers for Disease Control and Prevention ruled that authority was still needed to protect public health.
U.S. Regional Judge Kathryn Kimball Mizelle overturned a mandate for airports and other public transportation on Monday, citing a 59-page decision that the Centers for Disease Control and Prevention violated its authority and failed to follow proper governance procedures.
Ahead of the Department of Justice's announcement on Tuesday, White House press secretary Jen Psaki expressed frustration with the court's decision.
"Public health decisions should not be made by the courts. They should be made by public health professionals," Psaki said.
Monday's court decision quickly changed flights in the US, as dozens of carriers from Delta and United to Southwest America said the mask was now an option for travelers.
Uber, Lyft, and Amtrak have also opted to eliminate their mask needs. Other major transportation plans, including the New York Metropolitan Transportation Authority, will keep needs in place for now.
The need to wear a mask was introduced in early 2021, shortly after President Joe Biden took office, in an effort to reduce the spread of COVID-19.
The power of the transport mask is extended
Last week, the CDC extended the rules, which were due to expire on April 18, until May 3, in the hope that it would allow officials to take more time to study the BA.2 subvariant for COVID-19 which is continuing the case. stain all over the country.
"We have increasing rates of infection. The CDC responds to information, and uses the authority it has the authority to do," said James Hodge, a professor of public health law at Arizona State University in an interview with NPR.
In her decision, Mizelle said the authority violated the Administrative Code of Conduct, as the agency failed to prove its decision regarding the exercise of the authority.
The case was filed in July 2021 by two plaintiffs and the Health Freedom Defense Fund.
"The court concluded that the candy authority exceeded the official authority of the CDC and violated the procedures required for the agency to decide under the APA," the judge wrote.
Just last week, the CDC extended the mandate of the transport mask (which was postponed until April 18) until May 3 - allowing officials to take more time to study the BA.2 subvariant for COVID-19.
Last month, governors from 21 states filed a lawsuit against Biden officials over the removal of public transport authority, saying the continued implementation of the law "harms the provinces" and violates other local laws.
The petition came just days after aviation authorities asked President Biden to withdraw his powers.
"President Biden's controversial, strict and illegal travel policies are confusing to commuters and creating public transport chaos," Florida Attorney General Ashley Moody, who heads the provincial efforts, said in a statement. "We have long alleviated some of the pressure on travelers and those working in the tourism industry by quickly eliminating Biden 's illegal public transport authority.