Justice Department to Appeal Recent Mask Ruling: NPR

A person holds a mask while walking outside in Philadelphia in May 2021.

Matt Rourke/AP


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Matt Rourke/AP


A person holds a mask while walking outside in Philadelphia in May 2021.

Matt Rourke/AP

Don’t put those masks away yet.

The US Justice Department said it is appealing a federal judge’s ruling that struck down the mask mandate for public transportation.

Department of Justice spokesman Anthony Coley saying a notice of appeal was filed in light of the Centers for Disease Control and Prevention’s determination that wearing a mask “remains necessary to protect public health.”

The CDC said it had asked the Justice Department to appeal. The public health agency continues to recommend that people wear masks in all indoor public transportation settings, saying “wearing masks is most beneficial in crowded or poorly ventilated places, such as the transportation corridor.”

The Biden administration had previously hinted that it might appeal the ruling by US District Judge Kathryn Kimball Mizelle after consulting with the CDC.

The department’s decision to appeal comes just two days after Mizelle ruled that the CDC had exceeded its authority and failed to follow proper rulemaking procedures.

After the judge’s ruling on Monday, many airlines dropped their requirements for passengers to wear masks while traveling.

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