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On Tuesday, the Justice Department asked a federal appeals court to strike down last month’s ruling by a federal judge that declared the requirement to wear masks on planes 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, “easily falls within the legal authority of the CDC.”
Last month, the Justice Department said it would appeal U.S. District Judge Katherine Kimball Mizell’s decision to revoke the CDC’s mandate to use masks on public transportation if the agency determines the mandate is still necessary to protect public health.
“None of the district court’s disagreements with the CDC’s order show that the CDC acted outside the ‘zone of reasonableness,'” the Justice Department report says.
“The findings in the CDC order provide sufficient support for the agency’s determination that there were good reasons for the order to go into effect immediately.”
The CDC did not immediately respond to immediate requests for comment on the matter.
This is an evolving story.