DOJ asks federal appeals court to overturn travel mask warrant waiver order : NPR

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The US Department of Justice filed a brief in federal appeals court on Tuesday to overturn a federal judge’s ruling that ruled the government’s mask mandate on planes, trains and buses illegal. Here, a sign stating that masks are required at San Francisco International Airport sits in a terminal after the federal mask mandate was canceled.

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The US Department of Justice filed a brief in federal appeals court on Tuesday to overturn a federal judge’s ruling that ruled the government’s mask mandate on planes, trains and buses illegal. Here, a sign stating that masks are required at San Francisco International Airport sits in a terminal after the federal mask mandate was canceled.

Justin Sullivan/Getty Images

The Justice Department on Tuesday asked a federal appeals court to overturn a court ruling last month by a federal judge that declared a mandate requiring masks on airplanes and other public transportation illegal.

In a 48-page document filed with the 11th U.S. Circuit Court of Appeals, the Justice Department argues that the order issued by the Centers for Disease Control and Prevention in early 2021 “fits easily within the scope of CDC’s statutory authority”.

Last month, the Justice Department said it would appeal U.S. District Judge Kathryn Kimball Mizelle’s decision to overturn the CDC’s mask mandate for public transportation if the agency determines the mandate is always necessary to protect public health.

“None of the District Court’s wrangling with the CDC order comes close to showing that the CDC acted outside the ‘zone of reasonableness,'” the Justice Department said in the brief.

“The findings of the CDC order amply support the agency’s determination that there were good reasons to make the order effective without delay.”

The CDC did not immediately respond to immediate requests for comment on the matter.

This is a developing story.

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