Justice Department to Appeal Judge Mizelle's Mask Mandate Ruling Pending a Decision by the CDC

U.S. District Judge Kathryn Kimball Mizelle Department of Justice mask mandate Federal Mask Mandate mask requirement

By Joel Brussels , Parent Herald Apr 21, 08:24 am

Photo: (Photo : PATRICK T. FALLON/AFP via Getty Images)

The Justice Department made a big announcement on Tuesday, April 19, saying that it will appeal the court's ruling that lifted the federal mask mandate on transit systems, planes, and trains pending a decision by the Centers for Disease Control and Prevention (CDC) that the said order is still required for public health.

The Justice Department made it clear, however, that it will not ask the court to stay the decision, meaning that passengers will be able to continue traveling without a mask while the decision is being litigated, according to a report by NBC News.

Numerous airlines and public transit systems have already announced that masks were optional for passengers a day after a federal judge in Florida struck down the mask requirement of the CDC.

Judge Mizelle strikes down mask mandate, calling it unlawful

The Justice Department issued a statement about the ruling, saying, "The Department of Justice and the CDC disagree with the district court's decision and will appeal, subject to CDC's conclusion that the order remains necessary for public health."

U.S. District Judge Kathryn Kimball Mizelle made the ruling on Monday, April 18, saying that the travel mask mandate was unlawful. The White House issued a statement shortly after the ruling was announced, saying that the Transportation Security Administration will not enforce the mask requirement on public transport and transportation hubs while the verdict is reviewed.

The decision to appeal by the Justice Department could be driven less by current conditions and more by a need to preserve CDC's ability to issue mandates in the future. Mizelle's decision on Monday was broad, challenging the right of the U.S. government to issue a national mandate.

The Justice Department added that it continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given the CDC to protect public health. The Justice Department noted that it is an important authority that they will continue to work to preserve.

Will the Justice Department appeal the mask mandate decision?

Appealing Mizelle's ruling also comes with risks. While the judge's decision brought national enforcement of the mandate to a stop, the ruling carries little national precedent. The worry now is that if her ruling is allowed to remain by a circuit court, it could further impede the government's authority to issue future mandates.

USA Today reported that the mask mandate of the CDC, which was enacted back in February 2021 to combat the spread of COVID-19, was most recently extended through May 3, with the pandemic showing no signs of stopping.

Ahead of the most recent extension of the mask requirement last week, the nation's largest airlines lobbied hard for the federal government to just let the mandate expire. Top officials from these airlines argued that enforcement of mask-wearing has become difficult for them and that mask mandates in cities and states across the United States were being lifted already.