Mask mandate for travelers no longer in effect

By Adrienne Vogt, Aditi Sangal and Meg Wagner, CNN

Updated 8:28 p.m. ET, April 19, 2022
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7:15 p.m. ET, April 19, 2022

Here's what to know about the mask mandate ruling and what happens next

From CNN's Tierney Sneed

Airline passengers walk to their flights in the airport terminal in Denver, Colorado, on Tuesday, April 19.
Airline passengers walk to their flights in the airport terminal in Denver, Colorado, on Tuesday, April 19. (Patrick T. Fallon/AFP/Getty Images)

At least for now, and maybe forever, US travelers will not be required to wear masks on airplanes thanks to a court ruling Monday that said the Biden administration’s Covid-19 transportation policy was unlawful.

The ruling, issued by the Tampa-based US District Judge Kathryn Kimball Mizelle, impacted not only air travel, but other modes of transportation, including trains and some public buses and metro rail. In the immediate aftermath, it injected confusion and uncertainty into travel requirements.

The Justice Department said Tuesday it will appeal the ruling if the US Centers for Disease Control and Prevention determines the mandate is still necessary to protect public health.

Here’s what to know about the ruling and what happens next:

Why did the judge strike down the mandate? Mizelle, who was appointed by former President Trump, had two main reasons for invalidating the regulation, which was rolled out by the CDC in early 2021. She said that the agency exceeded the authority given to it by Congress, and that – in how it rolled out the mandate – that it violated an administrative law that dictates the process executive branch agencies must go through in policy-making.

On the latter point, Mizelle’s ruling was one of several rulings where the administrative law, the Administrative Procedure Act, has been used to block executive branch policies of administrations of both parties. Biden initiatives on immigration have also been struck down for violating the APA, as have Trump era immigration policies. The law was also cited in striking down Trump-era changes to the 2020 Census, for instance.

Mizelle said that the mask mandate violated the APA because the administration didn’t have an adequate excuse for forgoing public notice and comment on the rule, and because the CDC did not offer enough of an explanation for why it was implementing the requirement.

Her ruling on the CDC’s statutory authority dug into the meaning of the word “sanitation” in the relevant section of the 1944 law giving the executive branch the authority to issue regulations that address communicable diseases.

The practical applications of the ruling: Hours after the ruling came down, the Transportation Security Administration (TSA) – which was tasked with carrying out CDC’s rule in airports and in other contexts – said it was no longer enforcing the directive because of the ruling. That put the ball in the court of the airlines, who could have chosen to keep the mask mandates in place on their planes. But so far, every major airline that has weighed in on what they’d do going forward has said that masking is now optional for passengers and flight crew on domestic flights.

But it’s worth noting that the CDC’s mandate applied to far more than just air travel. And the picture has been more patchwork for the modes of ground transportation where the requirement had also been in effect. Some local jurisdictions, like New York and Chicago, said that they would be keeping the mask mandate in place for public buses and subways. Other localities, including DC and Minneapolis, lifted the requirement for their public transportation methods. Amtrak also dropped the requirement.

If the ruling is appealed and overturned by a higher court, then the Biden administration would have the ability to reinstate it. Notably, before Mizelle’s ruling, the mandate had only been extended through May 3 and the administration was still considering whether to extend it further.

President Biden, asked by reporters Tuesday if people should still wear masks on planes, said, “That’s up to them.”

The legal ramifications: If the judge had just struck down the the policy on APA grounds, the administration could theoretically take another stab at the policy and roll it out in a way that cured the procedural defects identified by the judge. But her ruling on the CDC’s authority hamstrings the administration’s ability to revive the mandate in a way that goes beyond just fixing the procedural issues with the requirement.

Her ruling said that any regulation aimed at “keeping things clean” – instead of at actively cleaning something – would be out of bounds of the relevant provision of current law. Only a higher court could overturn or narrow her ruling as it pertains to the CDC’s mask mandate

As a district judge, however, her ruling does not carry precedential weight. That means other courts across the country would not be obligated to follow her reasoning in how they handled future lawsuits challenging similar types of regulations.

If the 11th Circuit – which oversees appellate challenges from Florida – upheld her ruling, it would be precedent for all the other federal courts in that circuit, which covers the Southeast. A Supreme Court ruling upholding her conclusions about CDC’s authority would make them binding nationwide.

What happens next? The Justice Department on Tuesday made a potential appeal contingent on a CDC review.

“The Department of Justice and the Centers for Disease Control and Prevention disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” spokesperson Anthony Coley said in a statement.

“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. That is an important authority the Department will continue to work to preserve,” Coley said.

The CDC was set to assess whether the mandate was still needed until May 3, and Coley said any appeal would come after that date.

“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,” Coley said.

If an appeal happens, it would be a risky move that could limit the government’s ability to make similar mandates in the future. If the 11th Circuit – which oversees appellate challenges from Florida – upholds the ruling striking down the mandate, it would be precedent for all the other federal courts in that circuit, which covers the Southeast. A Supreme Court ruling upholding the decision to strike down the mandate would make the judge’s conclusions about CDC authority binding nationwide.

Read more about the ruling here.

8:06 p.m. ET, April 19, 2022

CDC says it is continuing to assess need for transportation mask mandate

From CNN's John Bonifield

The US Centers for Disease Control and Prevention said Tuesday evening that it’s still weighing whether its transportation mask mandate is needed to protect public health.

"CDC continues to recommend that people wear masks in all indoor public transportation settings. We will continue to assess the need for a mask requirement in those settings, based on several factors, including the U.S. COVID-19 community levels, risk of circulating and novel variants, and trends in cases and disease severity," CDC spokesperson Kristen Nordlund said in a statement to CNN.

The Justice Department said earlier Tuesday that it will appeal a Monday court ruling that struck down the federal government’s mask mandate for travelers if the CDC determines that such a requirement is necessary to protect public health.

 

6:31 p.m. ET, April 19, 2022

Department of Justice says it will appeal to revive mask mandate – if the CDC determines it’s still needed

From CNN's Tierney Sneed

The Justice Department said Tuesday it will appeal a Monday court ruling that struck down the federal government’s mask mandate for travelers if the Centers for Disease Control and Prevention determines such a requirement is still necessary to protect public health.

“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” DOJ spokesperson Anthony Coley said in a statement.

“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. That is an important authority the Department will continue to work to preserve,” Coley said.

Earlier Tuesday, US Department of Health and Human Services Secretary Xavier Becerra said there would probably be an appeal to the court decision overturning the mask mandate for public transportation.

“We will respect the ruling, but as I say: I'll respect the ruling, but I’ll follow the science,” Becerra said at a news conference with Nevada Gov. Steve Sisolak, urging people to continue to wear masks, particularly older Americans and those with weakened immune systems. 

“We are right now in the process of deciding, and we likely will appeal that ruling. Stay tuned,” Becerra said.

4:30 p.m. ET, April 19, 2022

Appeal likely on public transportation mask mandate, Health secretary says

From CNN's Virginia Langmaid

Airline passengers walk to flights in the airport terminal in Denver, Colorado on April 19.
Airline passengers walk to flights in the airport terminal in Denver, Colorado on April 19. (Patrick T. Fallon/AFP/Getty Images)

There will probably be an appeal of Monday’s court decision overturning the Biden administration’s mask mandate for public transportation, US Department of Health and Human Services Secretary Xavier Becerra said Tuesday.

“We will respect the ruling, but as I say: I'll respect the ruling, but I’ll follow the science,” Becerra said at a news conference with Nevada Gov. Steve Sisolak, urging people to continue to wear masks, particularly older Americans and those with weakened immune systems. 

“We are right now in the process of deciding, and we likely will appeal that ruling. Stay tuned,” Becerra said.

3:51 p.m. ET, April 19, 2022

Travel mask mandate should continue while awaiting CDC data, health officials' group says

From CNN's Jacqueline Howard

Airline passengers walk through San Francisco International Airport on April 19.
Airline passengers walk through San Francisco International Airport on April 19. (Justin Sullivan/Getty Images)

The Association of State and Territorial Health Officials' chief medical officer tells CNN that travel mask mandates should continue — at least for a little longer until the US Centers for Disease Control and Prevention has more data on the spread of the BA.2 subvariant.

On Monday, a federal judge in Florida struck down the Biden administration’s nationwide mask mandate for airplanes and other public transportation, and the mandate is no longer in effect while the ruling is reviewed. Last week, the CDC extended this mask mandate through May 3. 

"We think that mask-wearing on interstate transportation is still an important intervention that's worth continuing," said Dr. Marcus Plescia, chief medical officer at the Association of State and Territorial Health Officials (ASTHO).

"What the Centers for Disease Control has stated was that they had some studies and some data that they expected were going to be coming available in the next couple of weeks that would allow them to make a more definitive decision about this," Plescia said Tuesday. "It would have been sensible just to wait a couple more weeks and see, do we have a little more information here? Can we make a decision that's more science-based? And that might have been a decision that we could scale back — I don't know — but it seems a little imprudent to not have waited."

Plescia added, "The biggest concern is, we want people to be safe and we're concerned that we're not through the pandemic yet as much as people want to be, and (Covid-19) rates are starting to tick back up."

4:11 p.m. ET, April 19, 2022

Passengers still required to wear masks on Air Force One today after ruling striking down mandate

From CNN's Maegan Vazquez and Kevin Liptak

The White House is once again playing catch-up on how to respond to the Covid-19 pandemic after a court ruling struck down the Biden administration's mask mandate on planes, trains and other forms of public transportation.

The evolving situation was on display Tuesday as passengers on President Biden's trip aboard Air Force One to New Hampshire were required to wear masks while, at the same time, commercial airline passengers across the United States were stepping into plane cabins with the option to forgo a mask.

A White House aide said ahead of Biden's flight to New Hampshire that masking would be required "in line with" guidance from the US Centers for Disease Control and Prevention. The President boarded the aircraft Tuesday afternoon sporting a black mask. 

But despite the rules on Air Force One, Biden told reporters upon his arrival in New Hampshire that it's up to Americans to decide whether to still wear masks on planes, saying, "That's up to them."

Administration officials had been caught by surprise when the judge in Florida struck down the requirement, which had been in place for 441 days.

Suddenly, a decision administration officials had been contemplating for weeks — whether American travelers must wear masks — was made urgent and complicated by US District Judge Kathryn Kimball Mizelle, who was selected by Biden's predecessor, Donald Trump.

The order was parsed by lawyers at the White House, Department of Justice and the Department of Homeland Security, which oversees the agency that had been responsible for enforcing the rules. As they digested the 59-page ruling, it wasn't clear whether passengers sitting in airports or aboard airplanes at 30,000 feet could remove their face coverings without running afoul of federal rules.

Airlines, which had been lobbying the administration for weeks to lift the mandates, sought guidance from the government on what exactly they should tell crews and passengers, whose phones were lighting up with news of the ruling.

Read more:

2:59 p.m. ET, April 19, 2022

White House Covid-19 coordinator: CDC should've been given more time to study masking before lifting mandate

From CNN's Kevin Liptak

The White House Covid-19 response coordinator Ashish Jha says the US Centers for Disease Control and Prevention "should have been given" an additional 15 days to study masking on airlines before lifting a federal mandate.

A federal judge in Florida struck down on Monday the Biden administration’s mask mandate for airplanes and other public transport methods, and a Biden administration official says the order is no longer in effect while the ruling is reviewed.

“24 hours ago, a federal judge vacated @CDCgov mask mandate on airplanes,” Jha wrote on Twitter.

“This was deeply disappointing,” he continued. “CDC scientists had asked for 15 days to make a more data-driven durable decision.”

“We should have given it to them,” he concluded. “But I'll continue to follow CDC guidance & mask up on planes.”

The White House said earlier Tuesday that the Justice Department was still reviewing a federal judge’s decision to strike down the mask mandate on transportation. 

White House press secretary Jen Psaki noted the “CDC continues to advise and recommend masks on airplanes. We're abiding by the CDC recommendations, the President is, and we would advise all Americans to do that.”

Later, President Biden said it was up to each American to decide whether to wear a mask on a plane.

See the tweet:

4:49 p.m. ET, April 19, 2022

Biden says it's up to travelers whether to wear masks on planes 

From CNN's DJ Judd

President Joe Biden wears a mask as he boards Air Force One at Joint Base Andrews in Maryland on Tuesday.
President Joe Biden wears a mask as he boards Air Force One at Joint Base Andrews in Maryland on Tuesday. (Mandel Ngan/AFP via Getty Images)

Upon arriving to New Hampshire, President Biden answered two questions about a Monday ruling overturning his administration’s mask mandate on mass transit.

Pressed on if people should still wear masks on planes, Biden told reporters, “That’s up to them.”

Asked in New Hampshire if he wants the Department of Justice to appeal the new mask ruling, Biden said, “I haven’t spoken to the CDC yet.”

And when later pressed on the trip about whether there would be an appeal, Biden repeated, “I haven’t gotten any brief from my CDC. I don’t know. We’re following the science.”

2:01 p.m. ET, April 19, 2022

White House says Biden administration is "reviewing next steps" following ruling overturning mask mandate

From CNN's DJ Judd

White House press secretary Jen Psaki wouldn’t say if the Department of Justice plans to challenge a federal judge’s ruling overturning the mask mandate for mass transportation Tuesday, instead telling reporters the administration is “reviewing next steps.” 

“I don’t think they’ve made any announcement at this point in time, so, as we’ve said, agencies are reviewing next steps, including the Department of Justice, traditionally following court decisions, that can take a couple of days,” Psaki told reporters traveling with the President to Portsmouth, New Hampshire, on board Air Force One.

“And just as a reminder, when we made this announcement, the CDC said it needed 15 days to assess the impacts of an uptick in cases, in hospitalizations, deaths, and hospital capacity. We feel—still feel—that is entirely reasonable and public health decisions shouldn’t be made by the courts, they should be made by public health experts," she continued.

Psaki added that it “typically takes a couple of days,” for the DOJ to review and file a motion to appeal a judge’s ruling, but that the administration was “confident in our authorities,” to impose the federal mask mandate in the first place.

She said the DOJ “haven’t made that decision [to appeal] yet, and it takes a couple days, some time to make that assessment.”

Psaki dismissed charges that the judge’s ruling Monday led to confusion in enforcement.

“I would discount the notion that people are confused, we are here to alleviate the confusion, right? So, the CDC continues to advise and recommend masks on airplanes,” she said. “We’re abiding by the CDC recommendations, the President is, and we would advise all Americans to do that. This is a ruling by the court, we obviously didn’t have advance notice of it, and it typically takes a couple of days to assess next steps in these cases.”