DOJ to Appeal Ruling that Ended Mask Mandate on Public Transport

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    The Facts

    • The Justice Dept. will appeal the ruling that struck down mask mandates on planes and public transit after the CDC advised the Biden administration that the measure remained a necessity for public health.
    • The announcement comes after a federal judge in FL ruled on Mon. that the mask mandate can't legally be enforced.
    • Less than a week after the CDC had extended the measure until May 3, Judge Kathryn Kimball Mizelle found that the mandate exceeded the agency's legal authority under the Public Health Service Act of 1944.

    Sources Split


    The Spin


    Democratic narrative

    The ruling was not a legal decision but a political one. A Trump-appointed judge found against the Biden administration's policy, now the appeal will go to one of the most ideologically conservative courts in the US - the 11th circuit. The politicization of the legal system is putting public health at risk.

    Republican narrative

    The DOJ is taking a huge risk by appealing this ruling. If unsuccessful, the case could establish a precedent limiting federal power in times of public health emergencies. This decision is a mistake, especially as COVID cases have decreased dramatically since Jan. and the less-lethal Omicron variant is still the dominant strain.


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