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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.