Some airlines no longer require masks: see the reaction of passengers 0:50
(CNN) --
The US Centers for Disease Control and Prevention (CDC) said Wednesday that they are asking the Justice Department to appeal a federal judge's ruling that effectively struck down the mandatory use of masks on public transport on Monday.
"To protect CDC's health authority beyond the ongoing review announced last week, CDC has asked the Department of Justice to proceed with an appeal in Health Freedom Defense Fund, Inc. et al. v. Biden et al. ", the CDC said in a statement.
"CDC's ongoing assessment finds that the Inland Transportation Corridor Mask Order remains necessary at this time to protect public health."
The Justice Department filed the appeal early Wednesday afternoon.
Justice Department says it will appeal ruling to revive mask mandate, if CDC determines necessary
"CDC will continue to monitor public health conditions to determine if such an order remains necessary. CDC believes this is a lawful order, within CDC's statutory authority to protect public health."
Earlier on Wednesday, White House press secretary Jen Psaki said Americans have a "choice" as to whether they will wear a mask on a plane after a court ruling prohibiting the federal mandate on airplanes, trains and other means of public transportation.
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"People are not legally required to wear masks. So it's a time where it's up to the people, it's their choice," Psaki told reporters, adding later that the administration continues to recommend "everyone wear face coverings on an airplane" according to guidance from the Centers for Disease Control and Prevention.
Asked about President Joe Biden's comments Tuesday that people should decide for themselves whether to wear a mask on a plane, Psaki said Biden "was answering the question quite literally," reiterating that the White House He disagrees with the judge's decision and that Biden and others traveling with him will continue to wear masks on flights.
"We're not enforcing the mask mandate because of the court order, which we disagree with, and he continues to follow the CDC guidelines. So we're recommending Americans across the country to do so. They continue to recommend that people wear masks on airplanes," Psaki said, noting that all passengers aboard Air Force One Tuesday on a trip to New Hampshire were wearing masks.
Is there any point in wearing a mask when traveling if you are the only one wearing it?
Psaki said that public polling "doesn't really show that there is a universal opinion that masks should be left behind," but that that is "not important" to the White House, as it makes its decisions "based on public health and in the data".
Biden's Justice Department said Tuesday it would appeal the court ruling that struck down the federal mask mandate for travelers, but only if the CDC determined the mandate remains necessary to protect public health.
Psaki later suggested that evaluation could be completed by May 3.
"I expect the CDC to hear back very soon. And I don't think it's at the end of the 15 days, in terms of their expectation and appeal request," Psaki said.
Before the Florida judge's ruling, the Biden administration had extended the requirement to wear masks on planes, trains and inside airports until May 3.
Pressed on why the Justice Department was not immediately appealing the ruling or requesting an emergency stay, Psaki pointed to the CDC's need to gather more data on the BA.2 subvariant of covid-19, the original reason why which had expanded the mask mandate last week.
"The CDC obviously, as you've pointed out, asked for this extension because they wanted to see more data. So I think we can all hope that they still want it. The DOJ is waiting for that kind of final comment to take action and appeal." he said, noting that the goal was both to appeal the lifting of the 15-day extension "and to preserve the authority of the CDC in the long run."
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