Justice Department will appeal mask mandate ruling, if CDC says it's needed


The Department of Justice on Tuesday said it will appeal a judge's ruling blocking a federal mask requirement on public transportation if the Centers for Disease Control and Prevention determines such a mandate is necessary to protect public health.
In a statement, DOJ spokesman Anthony Coley said the department "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."
On Monday, U.S. District Judge Kathryn Kimball Mizelle, a Trump appointee, struck down the mask mandate, which had recently been extended through May 3. Almost immediately, several major airlines, including Southwest and Delta, said masks will be optional for passengers, but in Philadelphia and New York, there are still local mandates, meaning face coverings have to be worn in airports.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
White House Press Secretary Jen Psaki told reporters on Tuesday the Biden administration has "said from the start that our response should be guided by the science and data and by experts. Public health decisions shouldn't be made by the courts; they should be made by public health experts." President Biden was also asked if he thinks Americans should keep wearing masks, and he responded it's "up to them."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Catherine Garcia has worked as a senior writer at The Week since 2014. Her writing and reporting have appeared in Entertainment Weekly, The New York Times, Wirecutter, NBC News and "The Book of Jezebel," among others. She's a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.
-
How the Erin Patterson mushroom trial caught the world's attention
In the Spotlight Australian woman who laced beef wellington with deadly mushrooms found guilty of murder
-
The failed bombings of 21/7
The Explainer The unsuccessful attacks 'unnerved' London and led to a tragic mistake
-
Codeword: July 7, 2025
The Week's daily codeword puzzle
-
Kennedy's vaccine panel signals skepticism, change
Speed Read RFK Jr.'s new vaccine advisory board intends to make changes to the decades-old US immunization system
-
Kennedy ousts entire CDC vaccine advisory panel
speed read Health Secretary RFK Jr. is a longtime anti-vaccine activist who has criticized the panel of experts
-
RFK Jr. scraps Covid shots for pregnant women, kids
Speed Read The Health Secretary announced a policy change without informing CDC officials
-
New FDA chiefs limit Covid-19 shots to elderly, sick
speed read The FDA set stricter approval standards for booster shots
-
US overdose deaths plunged 27% last year
speed read Drug overdose still 'remains the leading cause of death for Americans aged 18-44,' said the CDC
-
Trump seeks to cut drug prices via executive order
speed read The president's order tells pharmaceutical companies to lower prescription drug prices, but it will likely be thrown out by the courts
-
RFK Jr.: A new plan for sabotaging vaccines
Feature The Health Secretary announced changes to vaccine testing and asks Americans to 'do your own research'
-
RFK Jr. visits Texas as 2nd child dies from measles
Speed Read An outbreak of the vaccine-preventable disease continues to grow following a decade of no recorded US measles deaths