The Department of Justice (DOJ) announced Tuesday it is appealing the recent court ruling that put an end to President Joe Biden 's ...
The Department of Justice (DOJ) announced Tuesday it is appealing the recent court ruling that put an end to President Joe Biden's mandate for masking during air travel.
Biden's DOJ, however, said that it will be appealing only if the Centers for Disease Control and Prevention (CDC) concludes that it is necessary for the order to remain in place for the sake of public health.
'The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health,' the DOJ wrote in a Tuesday statement.
'That is an important authority the Department will continue to work to preserve.'
The potential appeal announcement comes after a string of U.S. airlines have already told passengers that masks are optional.
It also further confuses the matter after Biden said earlier Tuesday that travelers should decide for themselves whether or not to wear masks – just minutes after stepping off Air Force One where the White House told staff and journalists they must continue to use face coverings a day after a judge struck the federal mandate.
Joe Biden's Justice Department announced that, pending CDC review, it will appeal the court ruling to ditch the president's requirement for masking to continue on airplanes
Anyone traveling with Biden to New Hampshire on Tuesday was instead instructed to follow the CDC recommendation to mask up.
'During transit on today's trip, masking will be required in line with CDC guidance,' the White House said.
Biden is visiting the port authority at Portsmouth Harbor where he is due to deliver a speech on infrastructure spending, before returning to the White House in the evening.
But the president offered his own interpretation of the recommendations when he was asked at the airport in New Hampshire whether passengers should continue to wear masks.
'That's up to them,' he said.
President Biden left for New Hampshire Tuesday wearing a mask as he boarded Air Force One. The White House has told officials and journalists to wear masks aboard the flight the day after a federal judge in Florida struck down the national mask mandate on planes
White House Press Secretary Jen Psaki called the ruling a 'disappointing decision' during her briefing Monday afternoon and advised Americans to continue wearing masks on public transport
But it comes after a federal judge in Florida upended his administration's pandemic policy on masks for traveler.
US District Judge Kathryn Kimball Mizelle ruled the mandate was unlawful because it exceeded the authority of the US Centers for Disease Control and Prevention.
The White House was quick to say that the masks should still be worn
'We're continuing to recommend people wear masks,' said Press Secretary Jen Psaki soon after the ruling came out.
A day later she said it was up to the Department of Justice to decide whether to appeal the ruling.
'I'm not gonna get ahead of the Department of Justice,' she told reporters aboard Air Force One. 'We'll let them make any decisions or announcements.'
She said it typically takes a couple of days to react to a ruling.
'The CDC continues to advise and recommend masks on aeroplanes. We're abiding by the CDC recommendations,' she continued.
'The president is and we would advise all Americans to do that.'
The mandate had been due to expire on Monday before the CDC said was extending the rule until May 3 to allow for the study of the BA.2 omicron variant which is causing the majority of cases across the nation.
The Transportation Security Administration (TSA) will not enforce a federal Covid-19 mask mandate on airplanes or public transportation after a federal judge in Florida struck down the mandate that applied to airports, airplanes and public transportation. Passengers are seen here at San Francisco International Airport on Tuesday
Passengers are pictured aboard an Atlanta-bound flight from DC Tuesday. Travelers are seen smiling as many go without masks, although some have opted to keep their face covering on despite Monday's ruling to lift the mask mandate
A Delta captain and his Atlanta-bound crew smile as ahead of Tuesday's flight. Travelers can fly without masks for the second day in a row after two years of pandemic-imposed restrictions
Such is the concern that Philadelphia recently announced it was bringing back its own mask mandate.
But the Transportation Security Administration (TSA), which enforced the 14-months-long mask mandate for planes, buses, and trains, has already said it will no longer police the rule.
Delta Air Lines, American Airlines, United Airlines, Southwest Airlines, Alaska Airlines, Spirit and JetBlue all now say masks are optional on their services.
Nor did it stop people posting pictures of them going maskless on Monday and Tuesday.
One man wrote: 'I'm on Delta flight to NYC now and the plane absolutely went bonkers when Captain said NO NEED TO WEAR A MASK ON THIS FLIGHT. We are taking our country back!!!'
Ben Dietderich added, as he heard the announcement: 'A wonderful moment mid flight on @alaskaair today!'
No comments