Court Ruling that Struck Down CDC’s Mask Mandate Could Be Appealed by the Biden Administration

A federal judge’s recent court order which struck down the Centers for Disease Control and Prevention’s (CDC) mask mandate on planes, trains, buses, and transportation hubs, has already had some large effects in the U.S.

Following the ruling, the Transportation Security Administration (TSA) announced that it would not be enforcing the mask mandate, and, since then, airlines, rideshare services, Disney World, and others have changed their mask rules. But the judge’s ruling that started this change could be appealed soon.

Anthony Coley, the Director of Public Affairs for The Justice Department (DOJ), recently shared a statement via Twitter about The Justice Department’s position on the ruling and their intended next steps.

In the statement, Coley and the DOJ note that the DOJ and the CDC “disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health.” 

The statement goes on to note that the DOJ continues to believe that the “order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve.”

New Statement on Mask Mandate Ruling pic.twitter.com/SwYHIqTG2e

— Anthony Coley (@AnthonyColeyDOJ) April 19, 2022

In the statement, Coley and the DOJ also recognize that, prior to the Court’s ruling, the CDC’s mask mandate was set to last through May 3rd, while the CDC “assessed current public health conditions.” If the CDC determines that the mask order remains necessary after making that assessment, then the DOJ will appeal the district court’s decision.

In other words, CNN shares that any appeal would come after that date.

The New York Times shares that the Biden administration has “charted a careful course” when it comes to this mask ruling. They’ve publicly objected to the ruling, but put that final decision regarding an appeal ultimately in the CDC’s hands.

“If the C.D.C. decides there is a public health basis for trying to reinstate and extend the mandate,” then the DOJ will file the appeal. If the CDC decides otherwise, then the Biden Administration will not appeal the court ruling “and the case will instead end as mooted — but without any signal of executive branch acquiescence to the judge’s view of its authority.” (The New York Times)

According to CNN, administration officials have said that they “expected the CDC would determine an appeal is necessary but that the decision rests with the health agency.”

At this moment, mask rules have changed in a number of places and presumably will remain that way unless and until an appeal is filed and finalized in relation to the federal judge’s order.

On Disney World transportation, masks are no longer required.

Of course, all of these rules are subject to change. We’ll continue to look for updates. Check back with us for more Disney news and information to help you plan your next trip.