“The CDC’s ongoing assessment is that at this time, the order requiring camouflage in the internal transport corridor remains necessary for public health,” the CDC said in a statement. “The CDC will continue to monitor the state of public health to determine whether such an order remains necessary. The CDC believes that this is a legal order that falls within the CDC’s legal authority to protect public health. “
Following Monday’s ruling, the Department of Justice considered whether to fight a court ruling that caught much of the administration, the airline, local public transportation departments and daily Americans unprepared. The appeal means the administration will turn to a higher court to extend its mandate – despite the fact that many airlines and public transport systems have already decided to make masks optional following a court ruling.
Appealing is a risky move that could limit the government’s ability to give similar mandates in the future. If the 11th District – which monitors appeals from the Florida, where the federal judge who revoked the mandate sits – upheld the decision to revoke the mandate, it would be a precedent for all other federal courts in this area, which covers the Southeast. A Supreme Court ruling confirming the decision to revoke the mandate would make the judge’s conclusions on CDC power binding across the country.
Speaking to Chris Wallace of CNN + on Wednesday night, White House spokeswoman Jen Psaki said the call was important to preserve the CDC’s future public health body.
“This is important for two reasons: one because we think it’s perfectly reasonable, and the Ministry of Justice, the CDC, the health and data experts – the most important health experts in our administration – to be able to have that time to But also because they want to fight to ensure that the CDC’s authority and ability to impose mandates in the future remain intact, “Psaki said.
She added: “We know there will be ups and downs in this pandemic, we are all ready to end. But we want to ensure that our public health experts can take steps, if necessary, in the future. “
The White House stressed the “choice” of masks earlier Wednesday
Earlier on Wednesday, Psaki said Americans had a “choice” over whether to wear a mask on a plane following a court ruling banning the federal mandate for a mask on planes, trains and other public transportation.
“People are not legally obliged to wear masks. So this is a time when it depends on the people, it’s their choice,” Psaki told reporters, later adding that the administration continues to recommend “everyone wear masks on the plane “according to the guidelines of the Centers for Disease Control and Prevention in the United States.
Asked by President Joe Biden’s comments on Tuesday that people should decide for themselves whether to wear masks on the plane, Psaki said Biden “answered the question quite literally”, reiterating that the White House did not agree with the judge’s decision. that Biden et al. traveling with him will continue to wear a mask in flight.
“We do not apply the mask mandate due to a court order with which we do not agree, while it still follows the instructions of the CDC. So we encourage Americans to do this across the country. They still recommend that people wear masks on planes, “Psaki said, noting that all passengers on board Air Force One Tuesday wore masks while traveling to New Hampshire.
Psaki said that public opinion polls “do not actually show that there is a universal view that people get rid of masks”, but that this “does not matter” for the White House, as it makes its decisions based on public health and data. “
Biden’s justice ministry said Tuesday it would appeal the court’s decision to overturn the federal mandate for a passenger mask – but only if the CDC decides the mandate is still needed to protect public health.
Prior to the Florida judge’s ruling, the Biden administration extended the requirement for masks on planes, trains and domestic airports until May 3. The CDC had to assess whether the mandate was still needed, and Psaki later suggested that the evaluation be completed before May 3.
“I expect to hear from the CDC very soon. And I don’t think it’s the end of 15 days, in terms of their expectations and asking for an appeal, “Psaki said.
Pressed as to why the Ministry of Justice did not immediately appeal the decision or request an emergency stay, Psaki pointed to the need for the CDC to gather more data on Covid-19’s BA.2 sub-option, the original reason for extending the mandate last week.
This story was updated with further developments on Wednesday.
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