DOJ says it will appeal mask mandate decision if CDC calls for it

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DOJ says it will appeal mask mandate decision if CDC calls for it
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'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.'

A day after the federal mask mandate was dropped on planes and public transportation, the Centers for Disease Control and Prevention are advising people to leave their masks on.The Department of Justice announced Tuesday night it would appeal the recent ruling that voided the federal mask mandate on public transit if the Centers for Disease Control and Prevention deems it necessary.

"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."The CDC, for its part, responded later Tuesday night and said that it was still assessing the need for a mask requirement. In the ruling, U.S. District Court Judge Kathryn Mizelle said the mandate, established by the CDC, exceeds"statutory authority and violates the procedures required for agency rulemaking under the [Administrative Procedure Act]."

Late Monday night, an administration official said only that the Transportation Security Administration would no longer enforce the requirement to wear masks on public transportation but that the CDC continued to recommend them.The fallout of the court decision left Americans with a patchwork of rules: fly without a mask in and out of New York's LaGuardia and Kennedy airports but put one on while walking through the airports, for example.

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