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CDC Tells DOJ To Pursue Appealing Ruling That Voided Biden’s Travel Mask Mandate

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WASHINGTON, DC - MAY 20: U.S. President Joe Biden laughs while giving remarks, as Vice President Kamala Harris looks on, before a signing ceremony for the COVID-19 Hate Crimes Act in the East Room of the White House on May 20, 2021 in Washington, DC.  The legislation, drafted in response to the increased violence against the Asian American and Pacific Islander (AAPI) community during the Coronavirus pandemic, will create a new position in the Department of Justice to focus on the rise in hate crimes and provide resources to federal, state, and local jurisdictions to better report cases.
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The Centers for Disease Control and Prevention (CDC) is requesting that the Department of Justice proceed with appealing a ruling by a federal judge in Florida on Monday that voided Democrat President Joe Biden’s travel mask mandate on public transportation.

“To protect CDC’s public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al.,” the statement reads. “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 will continue to monitor public health conditions to determine whether such an order remains necessary. CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”

The statement from the CDC comes after the DOJ said in a statement on Tuesday that it disagreed with the court’s ruling and that it would file an appeal if the CDC said that masks were still needed.

“The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health,” the DOJ said. “If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision.”

The announcement from the Biden administration comes after U.S. District Judge Kathryn Kimball Mizelle for the Middle District of Florida ruled that the mandate was unlawful because it “exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions.”

The ruling said that Court declared the mandate to be unlawful because “our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”

“The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order,” Mizelle ordered. “The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr., as a Defendant to this action, to ENTER final judgment in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”

This article has been expanded after publication to include additional content.

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