The Justice Department on Tuesday called on a federal appeals court to reinstate the national mask mandate for public transit and airplanes after a U.S. district judge found the requirements to be unlawful in April.
In a brief filed with the 11th U.S. Circuit Court of Appeals, the Biden administration argued the January 2021 order from the U.S. Centers for Disease Control and Prevention (CDC) requiring travelers to wear masks on public transportation and in transit hubs to prevent the spread of COVID-19 “falls easily” within the agency’s statutory authority.
“Taking preventative measures is part of the CDC’s core mission. It is embodied in the name of the agency — Centers for Disease Control and Prevention,” Justice Department lawyers told the 11th Circuit in their filing. “It makes no sense to suggest that the agency would not incorporate preventative measures in the actions it undertakes.”