The Centers for Disease Control and Prevention on Wednesday said it has assessed that a mask mandate on public transportation is still in the best interest of public health and has asked the Department of Justice to appeal a recent decision from a federal judge that overturned the federal directive. 

What You Need To Know

  • The Centers for Disease Control and Prevention on Wednesday said it has assessed that a mask mandate on public transportation is still in the best interest of public health

  • The Department of Justice filed a notice of appeal in federal court in Tampa “in light of today’s assessment by the CDC," a DOJ spokesperson confirmed

  • U.S. District Judge Kathryn Kimball Mizelle in Florida on Monday voided the order that had required masks on planes, trains and other forms of public transportation

  • The CDC on Wednesday said it believes its masking mandate is a "lawful order, well within CDC’s legal authority to protect public health"

“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 agency said in a statement. “CDC will continue to monitor public health conditions to determine whether such an order remains necessary.” 

“CDC believes this is a lawful order, well within CDC’s legal authority to protect public health,” the statement added. 

Minutes later, the DOJ filed a notice of appeal in federal court in Tampa. Justice Department spokesman Anthony Coley said Wednesday night that the department was filing the appeal “in light of today’s assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health.”

The DOJ on Tuesday had left open the option to appeal, saying while it "disagree(s) with the district court's decision," it would only appeal if the CDC concludes "that the order remains necessary for public health." The mask mandate was set to expire Monday, but was recently extended for two weeks until May 3 in order to monitor "the spread of the Omicron variant, especially the BA.2 subvariant that now makes up more than 85% of U.S. cases," the CDC said in mid-April. 

"The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health," a DOJ spokesperson said on Tuesday. "That is an important authority the Department will continue to work to preserve."

U.S. District Judge Kathryn Kimball Mizelle in Florida on Monday voided the order, arguing that it exceeds the authority of U.S. health officials. Mizelle also said the CDC failed to justify its decision and did not follow proper rulemaking. 

In her 59-page ruling, Mizelle said the CDC did not follow rules forward by the Administrative Procedure Act when imposing the mask mandate. 

"The court concludes that the mask mandate exceeds the CDC's statutory authority and violates the procedures required for agency rulemaking under the APA," the filing read in part. "Accordingly, the court vacates the mandate and remands it to the CDC." 

Monday’s decision led many airlines and airports to swiftly repeal their requirements that passengers wear face coverings. The Transportation Security Administration said Monday that it would no longer enforce the mask requirement.

After a winter surge fueled by the omicron variant that prompted record hospitalizations, the U.S. has seen a significant drop in virus spread in recent months, leading most states and cities to drop mask mandates.

But several Northeast cities have seen a rise in hospitalizations in recent weeks, leading Philadelphia to bring back its mask mandate.

The mask requirement for travelers was the target of months of lobbying from the airlines, which sought to kill it. The carriers argued that effective air filters on modern planes make transmission of the virus during a flight highly unlikely. Republicans in Congress also fought to kill the mandate.

Critics have seized on the fact that states have rolled back rules requiring masks in restaurants, stores and other indoor settings, and yet COVID-19 cases have fallen sharply since the omicron variant peaked in mid-January.

The Associated Press contributed to this report. 

This is a developing story. Please check back for updates.