Justice Department Appeals to Reinstate Transportation Mask Mandate – The New York Times

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Jen Psaki, the White House press secretary, said on Wednesday in an interview with Chris Wallace of CNN+ that the appeal was important not only to preserve the mask requirement but also “to ensure the C.D.C.’s authority and ability to put in mandates in the future remains intact.”

But Tori Emerson Barnes, an official with the U.S. Travel Association, a trade group, said the mandate had outlived its usefulness.

“With low hospitalization rates and multiple effective health tools now widely available, from boosters to therapies to high-quality air ventilation aboard aircraft, required masking on public transportation is simply out of step with the current public health landscape,” she said in a statement.

In the 59-page decision she issued on Monday, Judge Kathryn Kimball Mizelle, who was appointed by President Donald J. Trump, voided the transportation mandate on several grounds, including that the agency had exceeded its legal authority under the Public Health Service Act of 1944.

On Tuesday, after a day of deliberations inside the White House, the Department of Justice announced that it intended to appeal the ruling — but only if the C.D.C. decided that the mandate was still necessary. On Wednesday evening, the C.D.C. made its position clear.

“C.D.C. believes this is a lawful order, well within C.D.C.’s legal authority to protect public health,” the agency said in a statement, adding that it “continues to recommend that people wear masks in all indoor public transportation settings.”

Source Article from https://www.nytimes.com/2022/04/20/us/politics/cdc-transportation-mask-mandate.html

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