A Trump-appointed district court judge found Monday that in issuing its mask mandate for travel on public transportation, the Centers for Disease Control (CDC) overstepped its authority.
The Centers for Disease Control and Prevention has recommended that the Justice Department appeal a federal judge’s decision that struck down the mask mandate on public transportation, the agency announced.
“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,” the agency said in a statement Wednesday evening. “CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”
U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida on Monday concluded that the mandate exceeded CDC’s statutory authority, blindsiding the White House and sparking days of debate within the administration about whether to appeal the ruling.
The Justice Department on Tuesday had said that it would wait for CDC’s recommendation on whether to proceed with an appeal.