The legal fight could take weeks or even months to resolve.
ABC News transportation correspondent Gio Benitez has the latest on the mask mandate ruling as the Department of Justice considers an appeal.The Justice Department said Wednesday it will appeal a court ruling by a Florida judge that struck down the federal government's order to wear masks while traveling, after the administration's top public health officials insisted the mandate was still necessary"at this time.
But the Biden administration's announcement makes clear that it wants to fight the ruling to retain the power to mandate masks aboard planes, inside airports and other transportation hubs to prevent the spread of disease. Earlier this month, the CDC had extended the mask mandate for an extra two weeks, saying it needed more time to assess a recent uptick in cases and citing the unique risks posed by travel. But that plan was tossed out Monday after a Trump-appointed judge declared the latest extension of the mandate unlawful and said the agency hadn't gone through the proper administrative process.
"But to me, this was just a political move by a Trump-appointed judge who wanted to score political points, and it's putting millions of people at risk," he added.Public health experts said it was possible the CDC was going to let the mandate lapse after May 3 anyway -- if hospitalization numbers remained flat -- but that it would want the power to reinstate it in the future.
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DOJ says it will appeal travel mask ruling if CDC deems mandate necessary'The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision.'
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DOJ says it will appeal mask mandate decision if CDC calls for it'If CDC concludes that a mandatory order remains necessary for the public's health after that assessment, the Department of Justice will appeal the district court's decision.'
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CDC asks DOJ to appeal travel mask mandate rulingThe ruling struck down the CDC's masking requirements for travelers earlier this week.
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