Department of Justice appeals ruling against masks

Depending on CDC decision, DOJ could appeal mask mandate ruling

WASHINGTON (CBSDFW.COM) - The DOJ announced it will proceed with an appeal in the case in which a judge ruled against a mask order for indoor public transit, including air travel.

The news broke shortly after the CDC requested that the DOJ file an appeal in Health Freedom Defense Fund Inc., et al., v. Biden, et al.

"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 Department has filed a notice of appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al.," said Justice Department Spokesman Anthony Coley.

In a statement, the CDC said:

To protect CDC's public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et alIt is CDC's continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public healthCDC 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 CDC also said that regardless of whether or not a mask order is in place, it will continue to recommend that people wear masks to prevent the spread of COVID-19, especially in crowded and poorly ventilated areas.

CDC continues to recommend that people wear masks in all indoor public transportation settings. CDC's number one priority is protecting the public health of our nation. As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor. When people wear a well-fitting mask or respirator over their nose and mouth in indoor travel or public transportation settings, they protect themselves, and those around them, including those who are immunocompromised or not yet vaccine-eligible, and help keep travel and public transportation safer for everyone.

This is a developing story and will be updated as more information becomes available.

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