WASHINGTON — The Centers for Disease Control and Prevention said on Wednesday it had asked the Department of Justice to appeal a federal court ruling lifting the requirement to mask masks on planes, trains, buses and other modes of transportation, after saying concluded that “an order requiring masking in the internal transportation corridor remains necessary for public health.”
The announcement came a day after the Biden administration said it planned to appeal a Florida judge’s ruling, but only if the CDC decided the mask mandate was still necessary. The Justice Department also announced that it will appeal.
“CDC believes this is a lawful order, well within CDC’s legal authority to protect public health,” the agency said in a statement, adding that it “continues to recommend that people wear masks in all indoor public transportation environments. “
An occupation is potentially risky for the agency. The ruling by Federal District Court Judge Kathryn Kimball Mizelle, an appointee of former President Donald J. Trump, does not set a legal precedent. But if an appeals court, or Supreme Court, upholds its decision, it could permanently limit the CDC’s authority.
