The Justice Department on Tuesday called on a federal appeals court to reinstate the national mask mandate for public transit and airplanes after a U.S. district judgeIn a brief filed with the 11th U.S.
"Taking preventative measures is part of the CDC's core mission. It is embodied in the name of the agency — Centers for Disease Control and Prevention," Justice Department lawyers told the 11th Circuit in their filing."It makes no sense to suggest that the agency would not incorporate preventative measures in the actions it undertakes."
The findings in the CDC's mask mandate, they argued,"provide ample support for the agency's determination that there was good cause to make the order effective without delay."from U.S. District Judge Kathryn Kimball Mizelle in April after the CDC said the transit mask requirement"remains necessary for public health."
Mizelle, who sits on the federal district court in Tampa, had ruled the CDC's order exceeded its statutory authority and violated the procedures required for agency rulemaking under federal law, and invalidated the mask mandate. The decision came just days after the CDC announced it would beuntil May 3 to allow it more time to assess the impact of the BA.2 omicron subvariant of the coronavirus that is driving new infections in the U.S.
In the wake of Mizelle's ruling, the Transportation Security Administration said it would not enforce the mask mandate on planes and public transit, and major U.S. airlines
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