Justice Department appeals mask ruling after CDC says mandate "remains necessary for the public health"

The Justice Department has filed an appeal that seeks to reverse a judge's recent ruling that ended the nation's mask mandate on public transit. The Centers for Disease Control and Prevention had asked the department to appeal the decision, issuing a statement Wednesday that said the mandate "remains necessary for the public health."

"CDC continues to recommend that people wear masks in all indoor public transportation settings," the CDC's statement continued. "CDC's number one priority is protecting the public health of our nation. As we have said before, wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor."

The Justice Department said Tuesday it would appeal U.S. District Judge Kathryn Kimball Mizelle's decision only if the CDC said the mandate was still necessary. The department said Tuesday that it disagreed with the district court's decision, and upon filing the appeal, Justice Department spokesman Anthony Coley issued a statement Wednesday saying, "In light of today's assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health, the Department has filed a notice of appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al."