Over a month after U.S. District Court Judge Kathryn Kimball Mizelle struck down mask mandates on public transportation, the Biden administration is just now appealing the decision to a federal appeals court, David Shepardson reported for Reuters.
The appeal from the Department of Justice (DOJ) came just hours before the filing deadline, even though they announced they would appeal on April 19, one day after the decision was handed down.
According to Reuters:
The Justice Department told the appeals court that the Centers for Disease Control and Prevention (CDC) order issued in January 2021 was “within” the agency’s legal authority.
The CDC did not immediately respond to a request for comment Tuesday on whether it would reinstate the requirement if the ruling was overturned.
“None of the district court’s quarrels with the CDC order comes close to showing that the CDC has acted outside the ‘zone of reasonableness,’” the Justice Department wrote, adding that the CDC findings in early 2021 provided “ample support for the agency’s determination that there was good cause to make the order effective without delay.”
The Justice Department argued last month that “an order requiring masking in the indoor transportation corridor remains necessary for the public’s health.”
This is an excerpt from Townhall.
