The U.S. Department of Justice on Wednesday appealed Monday’s ruling by a federal judge in Florida that struck down the Biden administration’s mask mandate for public transport. Legal experts say the move could backfire if the case goes to the U.S. Supreme Court.

The news followed a statement from the U.S. Centers for Disease Control and Prevention (CDC), issued at the DOJ’s request, recommending the continued use of masks on planes, trains and other public transportation.

The CDC said:

“It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health. CDC will continue to monitor public health conditions to determine whether such an order remains necessary. CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”

The DOJ filed the appeal in the U.S. District Court Middle District of Florida, Tampa Division, and said it may ask the court to stay the judge’s injunction while the case proceeds.

For now, the Florida ruling vacating the mandate stands.

Prior to filing the appeal, the federal government sent mixed signals regarding its willingness to appeal the April 18 decision of U.S. District Judge Kathryn Kimball Mizelle in Tampa, Politico reported.

In her ruling, Judge Mizelle stated the CDC failed to justify its decision to impose the mandate and failed to follow proper rulemaking procedures for implementing it.

The nonprofit Health Freedom Defense Fund filed the lawsuit that prompted Monday’s ruling against the mandate.

The DOJ on Tuesday announced it would appeal the Florida ruling only if the CDC deemed the mandate necessary for safeguarding public health:

“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health.

“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.

“If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision.”

The DOJ statement came after significant debate within the Biden administration, Politico reported:

“The Justice Department’s announcement comes after hours of deliberation, with some Biden administration officials insisting that an appeal is essential to preserve the government’s public health authorities while others argued a fight would have relatively little political benefit or practical effect for the broader Covid response.

“Detractors also expressed concerns about the fallout if the government were to lose an appeal.”

Politico characterized the DOJ statement as suggesting the agency was divided about whether to continue the mask mandate, stating the DOJ announcement “ultimately leaves next steps in the hands of the CDC, where there have been divides over how to proceed on a mandate that was already set to expire in early May.”

There is “growing consensus” among White House and public health officials that an appeal would be “impractical,” two people with knowledge of the deliberations told Politico.

President Biden, after the Florida ruling, said it’s “up to them” — meaning individuals — whether to wear masks when traveling.

White House spokesperson Jen Psaki later “clarified” Biden’s remark, stating, “The president was answering the question quite literally, which means … we are not implementing the mask mandate because of the court order.”

Psaki added, “We want to preserve that authority for the CDC to have in the future. Our focus here was seeing what power we had to preserve.”

The “growing consensus” within the White House and federal government may also be indicative of a growing push, encouraged by polling firms and advisers close to the Biden administration, to declare a political “victory” over the virus by lifting highly restrictive COVID-related measures and mandates.

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Via https://childrenshealthdefense.org/defender/doj-appeals-court-mask-mandate/