The U.S. Justice Department filed a brief in federal appeals court Tuesday to overturn a federal judge’s decision that declared the government mask mandate on planes, trains and buses unlawful. Here, a sign stating that masks are required at San Francisco International Airport stands in a terminal after the federal mask mandate was overturned. last month’s court decision
In a 48-page document filed in the 11th U.S. Circuit Court of Appeals, the Justice Department argues that the order issued by the Centers for Disease Control and Prevention in early 2021 “falls easily within the CDC’s statutory authority.”that it would appeal U.S. District Judge Kathryn Kimball Mizelle’s decision to strike down the CDC’s mask mandate for public transportation if the agency determines the mandate is still needed to protect public health.
“The findings in the CDC order provide ample support for the agency’s determination that there was good cause to make the order effective without delay.”In her ruling, Mizelle argued that the mandate violates the Administrative Procedure Act because the agency failed to prove its decision regarding implementing the mandate.
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