WASHINGTON — The Justice Department on Tuesday asked a federal appeals court to overturn a U.S. District Court judge’s April order that declared the government mandate requiring masks on airplanes, buses and in transit hubs unlawful.
Hours after the federal judge in Florida declared the mandate unlawful, the Biden administration said it would no longer enforce it. The Justice Department told the appeals court that the Centers for Disease Control and Prevention order issued in January 2021 was “within” the agency’s legal authority.
The CDC did not immediately respond to a request for comment Tuesday on whether it would reinstate the requirement if the ruling was overturned. Days before U.S. District Judge Kathryn Kimball’s April 18 order, the CDC had extended mask requirements through May 3. The CDC said earlier this month it still recommends travelers continue to wear masks in airplanes, trains and buses.