The Justice Department filed an appeal Wednesday to restore the federal mandatory mask-wearing mandate on public transportation that was recently overturned by a judge, several officials said Wednesday.
The notice came minutes after the Centers for Disease Control and Prevention (CDC) asked the Justice Department to appeal the decision handed down by a federal judge in Florida earlier this week.
The appeal request was filed in federal court in Tampa, Florida.
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The CDC said in a statement Wednesday that based on its “assessment, an order requiring the use of face coverings
in closed transportation systems
remains necessary at this time for public health reasons.”
Passengers wait in line at Ronald Reagan Airport in Washington, on April 19, 2022. Evan Vucci / AP
After the court ruling that eliminated the mandatory use of the mask nationwide on Monday, the main airlines and airports in the country warned that its use would be optional from then on.
The Transportation Security Administration (TSA) also removed the requirement on Monday.
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The CDC has extended the mask mandate through May 3 while it continues to study the effects of the BA.2 subvariant of omicron, which already accounts for the majority of new cases in the United States.
But the federal court decision in Florida put that order on hold.
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The main health authority in the country maintains that the measure is consistent "with the legal authority of the CDC to protect public health."
The United States has seen a drop in COVID-19 infections, hospitalizations and deaths in recent weeks, after a winter spike in cases caused by the spread of the omicron variant.
Consequently, most cities and states have also eliminated the requirement.
Nonetheless, several cities in the Northeast have seen a spike in hospitalizations in recent weeks, prompting Philadelphia to reinstate its mask mandate.