DOJ to appeal ruling striking down mask mandate after CDC gives OK

The Justice Department filed a notice Wednesday that it will appeal a Florida federal judge’s order striking down the long-running rule that forced plane and train passengers to wear masks.

The notice of appeal was filed in Tampa federal court at the behest of the Centers for Disease Control and Prevention, ending 48 hours of uncertainty after federal officials stopped enforcing the rule late Monday and President Biden said “that’s up to them” Tuesday when asked if people should keep wearing masks on planes.

It was not immediately clear whether the DOJ had asked for a stay of US District Judge Kathryn Kimball Mizelle’s Monday ruling that the CDC overstepped its authority by imposing the mask rule.

If a stay is ordered, it would immediately force many airlines, airports, mass transit authorities and even Uber and Lyft to reimpose mandates days after making masks optional.