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Justice Department Files Appeal to Overturn Void of Travel Mask Mandate

image courtesy of leo2014 from Pixabay e1650502169283

It was announced by White House Press Secretary Jen Psaki that President Biden’s administration has filed an appeal in Federal Court in Tampa, Florida, to overturn the order by Federal US District Judge Kathryn Kimball Mizelle’s ruling to end the mask mandate on public transportation, which includes airplanes.

In a statement today from the Centers for Disease Control and Prevention it was said that the CDC  is “continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.”

It is unknown if the Biden administration is also asking the appeals court to grant an emergency stay which would set the mask mandate back in action on public transportation with immediate effect. Public transport includes airplanes and trains as well as buses and car ride-sharing services.

Filing the appeal sets the CDC as the continuing authority in this and future rulings on public health.

The Centers for Disease Control and Prevention (CDC) extended the mask mandate that was due to expire today, April 18, 2022, pushing the mandate a further 15 days to May 3, 2022. Today, a federal judge in Florida ruled the mandate is unlawful.

US District Judge Kathryn Kimball Mizelle ruled that US President Biden’s mandate was unlawful because it overstepped the authority of the presidential administration by violating administrative law.

A group that opposes public health mandates, the Health Freedom Defense Fund, and two individuals filed a lawsuit against the Biden administration in July 2021 stating that wearing masks on an airplane increased their anxiety and panic attacks. The Health Freedom Defense Fund was formed in 2020 by Leslie Manookian, a former Wall Street business executive. The group has filed 12 lawsuits solely against vaccine and mask mandates related to COVID-19.

Mizelle, who was appointed by former President Donald Trump in 2020, claimed the CDC failed to adequately explain why it wanted to extend the mask mandate and that it also did not allow the public to comment which she said is a federal procedure for issuing new rules.

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