The Biden administration is taking legal action to reinstate the mask requirement for travelers on planes and other public transportation.
The Department of Justice has filed an appeal in a federal court in Tampa, Florida, hoping to once again require people on planes and trains and other public transportation to wear masks. It’s seeking to overturn a federal judge’s ruling on Monday that voided the federal mask mandate for travelers.
On Tuesday, many travelers were stunned with the new reality. Major airlines dropped their mask requirements as did many trains, buses and rideshare companies.
Sara Nelson, the president of the Association of Flight Attendants, said reactions were mixed among her members.
“There are some people who are very excited because they don’t want to have to wear the mask for 14,15,16-hour days and they feel confident being vaccinated and taking steps to protect themselves. And so they’re ready for this to go,” she said. “But, we also have other people who are immuno-compromised, who have small kids at home, who are very upset that the rules got changed in a moment’s notice.”
The Biden administration’s legal appeal came minutes after the Centers for Disease Control and Prevention (CDC) asked for it.
The CDC said the mask mandate for public transportation “remains necessary for the public health.” The CDC recently extended the mask mandate until May 3rd, concerned about the new BA.2 omicron subvariant.
The White House finds itself in a difficult position politically, not wanting to anger a public that’s tired of mask-wearing but also wanting to back the CDC.
U.S. District Judge Kathryn Kimball Mizelle said in her opinion on Monday that the CDC overstepped its authority by originating the health order which had led the Transportation Security Administration to impose the mask mandate. Mizelle said the CDC failed to follow proper rule-making procedures.
For now, travelers must brace for a whiplash moment. The Biden administration could ask the appeals court for an emergency stay. That would immediately reinstate the mask mandate, forcing those on public transportation to pull out their masks once again.
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