The Justice Department said Wednesday it will appeal a court ruling by a Florida judge that struck down the federal government's order to wear masks while traveling, after the administration's top public health officials insisted the mandate was still necessary "at this time."
The move is unlikely to force masks back on travelers just yet. The legal fight could take weeks or even months to resolve, and the federal government has said it's not currently enforcing the mandate, which was set to expire on May 3.
But the Biden administration's announcement makes clear that it wants to fight the ruling to retain the power to mandate masks aboard planes, inside airports and other transportation hubs to prevent the spread of disease.
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… CDC believes this is a lawful order, well within CDC's legal authority to protect public health," the CDC wrote in a statement.
Earlier this month, the CDC had extended the mask mandate for an extra two weeks, saying it needed more time to assess a recent uptick in cases and citing the unique risks posed by travel. But that plan was tossed out Monday after a Trump-appointed judge declared the latest extension of the mandate unlawful and said the agency hadn't gone through the proper administrative process.