Psaki Says DOJ May Appeal Mask-Mandate Ruling: ‘Public Health Decisions Shouldn’t Be Made by the Courts’

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White House press secretary Jen Psaki said Tuesday that the Justice Department may appeal a federal judge’s Monday ruling that struck down the mask mandate for air travel and public transportation.

Psaki was asked why the DOJ hasn’t yet appealed the ruling during a press gaggle on Air Force One.

“Agencies are reviewing next steps, including the Department of Justice,” Psaki responded. “Traditionally, following court decisions, that can take a couple of days.”

Psaki added that the Centers for Disease Control and Prevention’s rational for extending the transportation mandate was “reasonable” when the extension was announced.

“When we had made this announcement, the CDC said it needed 15 days to assess the impact of an uptick in cases on hospitalizations, deaths, and hospital capacity. We feel, still feel, that is entirely reasonable based on the latest science,” Psaki said. “Public health decisions shouldn’t be made by the courts—they should be made by public health experts.”

President Biden was asked on Tuesday whether Americans should wear masks on planes despite the end of the mandate.

“Mr. President, should people continue to wear masks on planes?” a reporter asked.

“That’s up to them,” Biden responded.

Various U.S. airlines as well as Amtrak dropped their mask requirements on Monday night after a Biden administration official told media outlets that the mandate was no longer in effect. U.S. district judge Kathryn Mizelle, a Trump appointee, overturned the mandate, ruling that it violated the Administrative Procedure Act.

The CDC announced last week that it would extend the mandate by two weeks from April 18 to May 3, before Mizelle’s ruling. Various airlines announced masking requirements in 2020 in response to the Covid pandemic, while the Biden administration instituted a federal transportation mask mandate soon after the president assumed office in January 2021.

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