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Justice Department Files Appeal to Face Covering Lawsuit

Attorneys for the Justice Department are asking a federal appeals court to overturn a Florida decision which ended the face mask mandate on publicly available transportation.
Even though “air rage” incidents have dropped and air travel is recovering quickly, the Justice Department is appealing the decision that ended the face mask mandate.


Reuters reports attorneys filed the appeal hours before the deadline, asking to restart a mandate from the U.S. Centers for Disease Control.


Appeal Says CDC Acted Within “Zone of Reasonableness”

The original decision to stop the mask mandate came from a Florida lawsuit, where a group of flyers challenged the federal government’s ability to require anyone on an airplane, in an airport, on a bus, or within any other transit hub. The judge ruled in favor of ending the mandate, claiming that the overarching rule “…exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions.”


While both the CDC and the White House said they would not seek to require the Transportation Security Administration to enforce the mandate’s extension through May 3, 2022, the Justice Department said they would appeal the decision. Their filing came hours before a deadline set by the U.S. Court of Appeals, arguing that the CDC and other federal authorities can require a face mask rule for the benefit of the public health.


“None of the district court’s quarrels with the CDC order comes close to showing that the CDC has acted outside the ‘zone of reasonableness,’ the appeal reads, according to Reuters. The filing continues to note in 2021, scientific evidence provided “ample support for the agency’s determination that there was good cause to make the order effective without delay.”


Although there is no current mandate, the CDC still recommends that U.S. travelers continue to wear face masks aboard indoor public transportation settings. The agency has not publicly commented on the appeal.


Appellate Filing May Not be Popular with Airlines or Flyers

If the Justice Department wins their appeal, it may not go over well with airlines or passengers. Prior to the decision, several trade groups – including the Southwest Airlines Flight Attendants’ Union and the U.S. Travel Association – asked the federal government to end the face mask requirement. According to data from the Federal Aviation Administration, unruly passenger incidents have dropped since the mask mandate ended.


Feature image courtesy: Mark König on Unsplash

volabam June 5, 2022

At this point it's as if the Democratic Party is trying to throw the mid-term elections.

behuman June 4, 2022

In Europe we are worried that the democrats are showeling their own grave, stupidity has no limits. The reelection of Mr. Trump is a given and wil heavily affect us.

Who made democrats so stupid ? The mask wearing has ben politicized in the US - incredible !

Morgacj2004 June 3, 2022

Just another among many reasons why I won't vote to re-elect Biden. He just doesn't get it. Not all there!  

elc2414 June 3, 2022

Of course they are, because at this point it's all about control of the population, not public health. 

jackw007 June 2, 2022

The fact that the DOJ didn't file an appeal immediately, and waited until hours before the deadline, clearly indicates that there is no "emergency" that would prompt this appeal or this mandate.  If it were truly a matter of such a severe risk to public health that a mandate like this was "resonable", then it would have been incumbent upon the agency to IMMEDIATELY file an appeal.  

But Fauci has already let the cat out of the bag.  This is not about public health.  This is about government control. This is about the bureaucrats desperately trying to maintain the power that no other branch of government can remove.  

One, masks don't work.  Every randomized controlled trial conducted prior to the pandemic found that they are not effective at stopping the spread of aerosolized respiratory viruses.  Two, the CDC simply lacks the authority to make this type of order, whether masks worked or didn't work.  Three, the threat posed by unelected bureaucrats having control over citizens' lives with absolutly no constitutional authority (as is the case here and in many other "mandates") is far more dangerous than covid.