Biden’s DOJ asks for reversal of order lifting airplane mask mandate

In April, a federal judge struck down the Biden administration's public transportation mask mandate, arguing that the Centers for Disease Control had acted outside its purview.

On Tuesday, the Department of Justice asked a federal appeals court to overturn to ruling, claiming that public transportation "falls easily" within the CDC's statutory authority.

"Taking preventative measures is part of the CDC's core mission," Biden administration lawyers wrote in a brief with the 11th US Circuit Court of Appeals.

"It is embodied in the name of the agency — Centers for Disease Control and Prevention. It makes no sense to suggest that the agency would not incorporate preventative measures in the actions it undertakes."

As CBS reports, the DOJ was critical of the decision to strike down the mask mandate from day one, accusing US District Judge Kathryn Kimball Mizelle of employing a "cramped reading of a statute aimed at preventing the spread of communicable disease."

They also agued that Judge Mizelle had no reason to end the mask mandate nationwide, rather, she should have struck it down solely for the five people who filed the original complaint.

"It is indisputable that the public has a strong interest in combatting the spread of [COVID-19]," Judge Mizelle wrote in her opinion.

"In pursuit of that end, the CDC issued the Mask Mandate. 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. Because 'our system does not permit agencies to act unlawfully even in pursuit of desirable ends,' the Court declares unlawful and vacates the Mask Mandate."

Following the ruling, many passengers and airline staff rejoiced as airlines, buses, trains, and other public transportation providers were forced to drop their mask requirements.