The U.S. Justice Department on Tuesday asked a federal appeals court to overturn a U.S. District Court judge’s order that declared a government mandate requiring masks on public transportation unlawful, according to a report.
A federal judge in April voided the Biden administration’s mask mandate for travelers using public transportation such as trains and airplanes. The mandate from the Centers for Disease Control and Prevention (CDC) applied to people as young as 2-years-old.
After the judge’s ruling the DOJ said it would appeal the judge’s ruling if the CDC deemed it necessary. The DOJ has told the federal appeals court that the CDC order, issued in January 2021, was "within" the agency’s legal authority, Reuters reported.
The ruling from U.S. District Court Judge Kathryn Kimball Mizelle, came in a case brought in Florida federal court by Health Freedom Defense Fund, Inc. and frequent air travelers Ana Daza and Sarah Pope against the administration. Judge Mizelle determined that the mandate violated the Administrative Procedure Act by being outside the scope of the CDC's authority, was "arbitrary" and "capricious," and for not going through the required notice and comment period for federal rulemaking.
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