Biden Administration Will Fight to Keep Mask Mandate for Planes, Trains and Airports
The U.S. Department of Justice has appealed a federal judge’s ruling overturning the Centers for Disease Control and Prevention’s (CDC) mask mandate on planes, trains, and airports.
In her ruling to overturn the mandate, U.S. District Judge Kathryn Kimball Mizelle called the CDC mandate “unlawful,” saying the Biden administration did not follow proper procedures and went beyond its authority in making the rule.
"But the mandate exceeded the CDC's statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions," she wrote in her ruling.
The Biden administration challenge comes after the CDC called on the DOJ to file the appeal.
“To protect CDC’s public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al,” the CDC said Wednesday. “It is CDC’s continuing assessment ...