The Biden administration is appealing a federal judge’s April ruling that the government didn’t have the right to impose a federal mask mandate on public transportation during the pande…
, ruling that the CDC failed to follow proper rulemaking procedures.
The Justice Department argued that the CDC was within its authority to enact a federal mask mandate during the pandemic.The appeals panel seemed to take issue with the government’s belief that the CDC had “good cause” to enact the mask mandate immediately instead of providing the public the time to review and comment on the ruling before it was imposed on them — as required through the federal Administrative Procedure Act, the outlet reported.
On April 18, US District Judge Kathryn Kimball Mizelle, an appointee of President Donald Trump, ruled that the CDC overstepped its authority to impose the mask mandate. The Biden administration immediately dropped the mandate — which had been in place since January 2021 — following the ruling and travelers were able to ditch the masks.
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