The United States Department of Justice has requested a federal appellate court to overturn the court order from last month that struck down the government’s mask mandate on mass transit, saying it is unlawful.
The request from the DOJ came on Tuesday and would look to overturn the ruling from Florida Judge Kathren Kimball Mizelle.
Mizelle had ruled the CDC failed to adequately explain its decision to impose the mandate or follow proper rule-making procedures when putting the mandate in place.
However, federal officials argue that the order was within the government’s legal authority, which could be the point of the request since the White House had announced it would no longer enforce the mask mandate anyway.
The CDC has also been in support of appealing the decision, arguing that “an order requiring masking in the indoor transportation corridor remains necessary for the public’s health.”
COVID-19 numbers currently remain well below the peaks that were seen during the recent omicron wave in January.
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