Biden’s DOJ set to APPEAL federal court decision to strike down mask mandates for public transportation
04/21/2022 / By Ramon Tomey
The Biden administration’s Department of Justice (DOJ) said it plans to appeal a federal court ruling that deemed Wuhan coronavirus (COVID-19) mask mandates for public transportation unlawful.
The DOJ’s Office of Public Affairs confirmed the move in an April 19 press release. “The DOJ and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to [the] CDC’s conclusion that the order remains necessary for public health. If [the] CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the DOJ will appeal the district court’s decision,” it said.
“The [Justice Department] continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the department will continue to work to preserve.”
U.S. District Judge Kathryn Kimball Mizelle ruled on April 18 that the mask mandate for public transportation was “unlawful” and ordered that the rule be rescinded nationwide. She argued in her 59-page decision that the CDC failed to justify the mask mandate and refused to abide by proper rule-making procedures, which rendered the mask order fatally flawed.
Mizelle, who was appointed by former President Donald Trump, insisted that rescinding the mask mandate across the country was the only remedy as any “limited remedy would be no remedy at all.” (Related: White House RESCINDS mask mandate for public transportation following federal court ruling.)
DOJ Public Affairs Director Anthony Coley later remarked that the department has filed a notice of appeal against Mizelle’s ruling. “In light of today’s assessment by [the CDC] that an order requiring masking in the transportation corridor remains necessary to protect the public health, the [DOJ] has filed a notice of appeal,” he tweeted.
White House laments while airports laud ruling
The White House suspended the mask mandate hours after Mizelle released her decision.
“[The] court decision means that the CDC’s public transportation masking order is not in effect at this time. Therefore, the TSA will not enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs at this time,” the Biden administration said in a statement issued on the evening of April 18. It added that the agencies involved “are reviewing the decision and assessing potential next steps” and that the CDC nevertheless “recommends that people continue to wear masks in indoor public transportation settings.”
White House Press Secretary Jen Psaki lamented the ruling at a press conference, telling reporters that “this is obviously a disappointing decision.” She also reiterated the CDC’s recommendation for people to mask up inside public transportation.
While Biden administration officials did not take too kindly to the decision, airlines rejoiced upon the issuance of the ruling.
United Airlines would no longer mandate face mask for travelers on domestic flights and certain international flights, the carrier said in a statement. “While this means that our employees are no longer required to wear a mask – and no longer have to enforce a mask requirement for most of the flying public – they will be able to wear masks if they choose to do so,” it added.
Alaska Airlines and Delta Air Lines also made similar announcements eschewing masks for travelers. One Delta flight received the news in mid-air, with the flight’s sleepy passengers suddenly cheering and applauding as a flight attendant announced the positive development.
“No one’s any happier than we are,” said the Delta flight attendant who broke the news. “We’re ready to give [the masks] up, so thank you and happy unmasking day.”
Pandemic.news has more stories about mask mandates on public transportation.
Watch former New Jersey Superior Court Judge Andrew Napolitano commenting on Mizelle’s decision to strike down mask mandates for public transportation.
This video is from the InfoWars channel on Brighteon.com.
More related stories:
Biden wants to enact a federal a mask mandate immediately after inauguration.
Group files suit over CDC’s mask mandate for travelers.
CDC issues nationwide mask mandate for travelers.
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