(PresidentialHill.com)- On Wednesday, the Biden Justice Department filed a notice to appeal the recent ruling by a Florida District Court judge that ended the mask mandate on airplanes and other public transportation.
Last Monday, US District Judge Kathryn Kimball Mizelle of the 11th Circuit Court ruled that the Centers for Disease Control exceeded its legal authority in imposing the mask mandate on public transportation.
But on Wednesday, the CDC announced it had asked the Justice Department to proceed with an appeal, arguing that its order “remains necessary for the public health.”
The DOJ filed a notice appealing the ruling but did not specify if it intended to seek an emergency order immediately reinstating the mask mandate.
Interestingly, after Judge Mizelle’s decision, President Biden appeared resigned to the ruling, telling reporters on Tuesday that it would be up to the individual to decide whether or not to wear a mask on planes.
After the White House informed the industry on Monday that the government would no longer enforce the mask mandate due to Mizelle’s ruling, airlines quickly dropped the mandate, in many cases to the raucous celebration of airline passengers.
Social media erupted with videos showing celebrating passengers removing their masks mid-flight after flight crews announced the judge’s ruling.
In response to Wednesday’s appeal, the US Travel Association argued that while masks might have been important in the height of the COVID pandemic, in the current environment, “requiring masking on public transportation is simply out of step with the current public health landscape.”
The CDC’s order, which applied to planes, trains, ride-share vehicles, and other forms of public transportation, was set to expire on May 3 unless the CDC once again extended the order.
The challenge for the Biden administration, however, is defending maintaining the mask mandate for travel while simultaneously defending its lifting of the COVID-era Title 42 requiring illegal aliens to remain in Mexico to await their asylum hearings.
Then again, consistency has never been a strong suit of this administration.