The U.S. Department of Justice (DOJ) on Tuesday asked a federal appeals court to overturn a prior ruling by a U.S. District Court judge that found mask mandates for planes and other public transports unlawful.
Judge Kathryn Kimball Mizelle struck down the Centers for Disease Control and Prevention’s (CDC) mandate on April 18, ruling that the mandate exceeded the agency’s statutory authority and its implementation violated administrative law.
The CDC set the mask rule on public transportation and airplanes in early 2021. It included children aged 2.
Mizelle argued, in a 59-page summary judgment, that the CDC violated the Administrative Procedure Act by not allowing a period for public comment before enacting the mandate in February 2021….