NEWS: Biden Administration WILL Appeal Order That Struck Down CDC’s Mask Mandate

Mask rules have changed on airplanes, buses, trains, and transportation hubs in the United States, but things could change again.

Let’s go to Disney World!

Earlier this week, a Florida federal judge struck down the mask mandate for transportation from the Centers for Disease Control and Prevention (CDC). Following that, the Transportation Security Administration (TSA) announced that it wouldn’t enforce the mask mandate, and airlines, airports, rideshare services, and even Disney World followed by changing their mask requirements. But, recently we shared that the Biden Administration could appeal the court’s order, if directed by the CDC. And now it seems things are moving in that direction.

As we shared above, earlier today we noted that the Department of Justice had said it would appeal the court’s order subject to the CDC’s conclusion that the order remains necessary for public health. Now, it appears the CDC has made its determination

According to ABC News, the CDC has asked the Justice Department to appeal the court decision that struck down the mask mandate in place for public transportation and transportation hubs.

Mask Rules Could Change

Following this request, Anthony Coley, the director of Public Affairs at the Justice Department, posted a tweet saying “In light of today’s assessment by @CDCgov that an order requiring masking in the transportation corridor remains necessary to protect the public health, the Department has filed a notice of appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al.”

ABC News reports that the notice of appeal was filed in federal court in Tampa, Florida.

In a statement released on Wednesday, the CDC said, “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.” 

The CDC indicated that it would keep monitoring public health conditions “to determine whether such an order remains necessary.” The CDC further noted that it feels the mask mandate is “a lawful order, well within CDC’s legal authority to protect public health.”

No face mask signs

The CDC went on to say that it continues to “recommend that people wear masks in all indoor public transportation settings” and that “wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor.”

According to the CDC, “When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone.”

Mask Sign

ABC News shares that it’s not clear if the Department of Justice will be asking the appeals court to grant an “emergency stay” in relation to the Judge’s order. That would immediately reinstate the mask mandate on public transit.

We’ll continue to keep an eye out for more updates on this and any changes in mask rules at places like Disney World and beyond. Stay tuned for more news.

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6 Replies to “NEWS: Biden Administration WILL Appeal Order That Struck Down CDC’s Mask Mandate”

  1. I read the 59 page decision, to me it looked like it was struck down on technical justification and lawful implementation – not on the “value” of masking in an enclosed space. If the “Biden Administration” would follow the law, it may not have been thrown out. The last time I looked we are a “law-abiding” nation, are we not?

    The first and only thing I ever agreed with the president was he said the choice “is up to the individual” So now his administration “flipflops” again. Go figure.

  2. Its just to save face and try to protect future authority of the CDC. There is no support to actually overrule the decision.

    1. I hope you are correct. I can agree with establishing that the CDC has the authority to require masking IF another event such as Covid develops.
      This would have all been a moot point if the CDC had have been more timely in evaluating the continued necessity of masking at this point and demonstrated that they could be reasonable in requests of this type. Unfortunately, this is a perfect point of how sloth-like and ineffective government can be. A perfect time to eliminate Reedy Creek Development and replace it with a Government entity, I’m sure government will do a better job of providing services than Disney has. (Sarcasm intended)

    1. That statement alone eliminates the government’s argument in favor of continued masking requirements. The defendant just provided contradicting evidence/opinions to their own argument.

      1. Not a Biden fan here either but it’s fairly plain that his intentions were to remind concerned citizens that they always had the personal choice to mask-up. I can’t twist this into another claim towards him not being in charge.