U.S. Justice Dept. to appeal decision lifting mask mandate on planes, trains if CDC deems rule necessary

Justice Dept. to appeal decision lifting mask mandate on planes, trains if CDC deems rule necessary The Justice Department is not asking for a stay of the lower court decision, meaning passengers will continue to be able to fly without face coverings. NBC News

WASHINGTON — The Justice Department announced Tuesday that it will appeal the ruling that lifted the federal mask mandate on planes, trains and transit systems, pending a decision by the Centers for Disease Control and Prevention that the order is still required for public health.

The Justice Department will not, however, ask the court to stay the decision, meaning passengers will be able to continue traveling maskless while the decision is litigated.

In the day since a federal judge in Florida struck down the CDC’s requirement, numerous airlines and public transit systems have announced that masks were optional.

"The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health," the Justice Department said in a statement.

On Monday, U.S. District Judge Kathryn Kimball Mizelle ruled that the travel mask mandate was unlawful. The White House said the Transportation Security Administration will not enforce the rule on public transport and transportation hubs while the ruling is reviewed. ...