DOJ Will Appeal To Reinstate Mask Mandate After CDC Rules It Necessary To Continue Masking On Public Transportation

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The DOJ has filed an appeal to reverse the decision that struck down the CDC’s mask mandate.

That comes just after the CDC asked the DOJ to do so, based on protecting the CDC’s public health authority and after deeming it necessary to continue masking on public transportation.

It’s a risky strategy for both the CDC and the Biden administration. By challenging the ruling, they risk having the Supreme Court set precedent by ruling to limit federal powers such as these in the future, though a loss may still be narrow enough to avoid that.

Even a Supreme Court ruling in Biden’s favor may prove to hurt the administration by declaring that the war on COVID hasn’t been won, when the administration needs it to be won well before the midterm elections.

At this time, there is no mask mandate, but it may be reinstated at any time.

I went ahead and booked tickets to Israel this week after waiting several years to do so, as I can’t imagine having to travel while worrying about our 2 and 4 year old needing to wear a mask from Cleveland to Tel Aviv. Luckily, award tickets can be cancelled for free should the mandate be reinstated.  No other country in the world besides the US had a mask mandate that applied for toddlers between 2 and 5.

Do you think the mask mandate will be reinstated?

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114 Comments On "DOJ Will Appeal To Reinstate Mask Mandate After CDC Rules It Necessary To Continue Masking On Public Transportation"

All opinions expressed below are user generated and the opinions aren’t provided, reviewed or endorsed by any advertiser or DansDeals.


I hope it gets overturned. If the CDC advises it, then that should be the law.

I love kleenex

There are other authorities at play. The CDC can advise, and you can listen, but don’t be silly


Yes because they have been spot on to this point ‍♂️


The law requires them to have public notice before implantation.


You can wear six masks if you want, the ruling doesn’t ban people from wearing a mask

I love kleenex

Science shows that wearing more than two masks doesn’t help, so six masks is pointless. Just double mask.


Science can change six times or more, adding another mask each time it changes.

I love kleenex

No reason to suggest something on the basis science might change to support your silly idea in the future. Stop trolling.

Thanks Dan!

Sorry, but fool me once, twice, thrice…and just on this subject alone!

The CDC has been guessing and not following real science for as long as, well, just take a look at this one recent link (there are hundreds of similar instances):

Charles s

You can wear a mask. No one cares. If you think masks help then it shouldnt bother you if other people are not wearing it because your protected.
The CDC only has authority in medical institutions and hospitals. They should not have any say about planes or public travel.


What about flying through Canada to avoid the mamasking of toddlers


LY hasn’t been enforcing masks on kids below 6, in my experience, and definitely not when flying J.

I guess LY is your best bet? 🙂

Kendra f

My body my choice!!!

I love kleenex

With a spreadable disease? I hope this is a joke.

Keep kleenexing

The flu was always spreadable, as well as a host of other diseases, yet masking was always a choice. At this point is there much of a difference? There will always be risks associated with walking outdoors, you are welcome to stay home.

I love kleenex

Compare death rates of flu and covid, then come back to me.
The ignorance is so thick, you can cut it with a shechitah knife.

Keep kleenexing

What about “at this point” did you not understand?


And compare BP & Williamsburg where no masks can be found even when searching by bedikas chumets since May 2020, to the rest of the City/State/Country/World and let us know if masks works!
The ignorance is so thick, you can cut it with a shechitah knife


@dan anyway you can allow him to post a pic of himself all masked up? L’Kuvid YT


What is that spreadable disease you’re talking about?

I Love Aspen



A joke is also science. Science changes constantly and even retroactively. Sometimes science changes from being serious to become a joke.


To wear a mask or not should be decided by a nonpartisan group of health professionals and not by judges, especially a judge that was not qualified by the American Bar Association.


Bravo! This, right here, is the best idea I’ve heard today. Listen to the people who are qualified in the science. Too much of American life seems ruled by partisanship. I’m in Canada and the concept of having judges with partisan ties strikes me and many of my colleagues as madness. I have no idea the partisan leanings of my Supreme Court justices, nor should I care. The law, precedence and jurisprudence, regardless of any judge’s personal political leanings, should determine the decision. We’ve had chief justices that were appointed by the Conservative party hold that same party in contempt and a Liberal government be ruled against by justices that they appointed. That’s as it should be. Important things like this should not be allowed to be made into partisan footballs.


Canadians love tyrrany AKA Justin treaudau


Planning a trip to the Canadian Rockies this summer. Canada has a rule that anyone entering the country must wear a mask both indoors and OUTDOORS for 14 days.


But it is.


To wear a mask or not should be decided by individuals and private companies, if an airline wants to implement it then ppl will chooses to fly with them or not, especially at this point when it’s common knowledge that masks don’t do squat and never have against viruses.


I have proof that masks work. Do you?
You say that it is common knowledge that masks don’t do a squat. You must get that knowledge from conspiracy sites. That is not common knowledge.
Here is one proof. Wear a mask that has at least two to three layers. Light a candle. Stand stand 2-3 feet away and blow. The flame will not distinguish. That means masks work. Or look at various university scientific laboratories that have tested masks. This should be the common knowledge.


The judge did not decide anything about the mask rather took issue if the CDC has the Authority..
What’s really pathetic is this appeal is nothing more than some stuck up politicians who’s toes were stepped on. As Dan wrote it may hurt them if they win!!


think the court is mostly conservative tht is looking at it next.


The American Bar Association is not a reputable source. They are a very liberal group of elitist attorneys. Most of them have never been in private practice. The group has a long history of being critical of conservative judges. You will find better information from your state and local bar association.

Third Amendment Lover

Whether or not experts should be deciding and not a judge, doesn’t make it legal for them to decide. That’s up to judges to rule if those experts have the authority to mandate.


When it comes to public health experts decide and turn it over to government institutions. Look at meds how do they get into the market.


It was traditionally decided by a partisan of unhealthy professionals. And even asking if the first black judge has a law degree is racist (Clarence Thomas doesn’t count because he’s conservative and fair game for harassment).


@Dan From the way the airlines were so quick to drop the mask mandates I think they’ve made it pretty clear that they do NOT want this. Don’t they have enough clout with the politicians in Washington to stop the mandate from getting reinstated? Am I missing something?


The Airlines should insist that a Federal air Marshall should enforce any future mask mandates, not employees or FA/GAs (Pilots are fine its thier plane while your on it and thier choice).


OK and you should be thrown in jail for a year for Dearing to breathe without a mask ?
Apparently a lot of people lost their mind due the lack of oxygen


So there goes your whole theory about this ruling giving the administration a way out but still giving them an opening should cases go up. What a crying shame!!


@Dan, the mask mandate ended just in time for you to book tickets to Israel with yesterday’s UA sale/glitch?

Sanctuary City resident

Well, here in New York City, the rules are as follows: one is allowed to throw an innocent civilian into an oncoming subway train to their death (bail reform), but one is NOT allowed to sit on the subway without a used dirty disposable mask. One can gun down innocent bystanders in the Bronx, as long as the shooter is wearing his disposable mask at the time. Thanx, Kathy Hochul.

I love kleenex

Get off your soap box. Used dirty mask? There are clean masks available for pennies. This is a bluff and I’m not calling it.


NYC is also the place where hard working people can get fired for not getting a vaccine even in you have had the virus and science dictates you are protected. That is unless you are a ballplayer or an actor or the like then you are OK. I’m sure you have some explanation to justify that as well.

I love kleenex

That has nothing to do with the mask mandate. Stop complaining about NYC. Nobody is interested in hearing sob stories.

Head over heels in love with Kleenex

I’m interested

Dispose old used Kleenex tissues

Point is you are allowed to re-wear an old dirty disposable mask, on N.Y. subways and busses. In a hospital you cannot. So are we working scientifically?

Puffs are definitely better

So how often must one change their highly effective disposable mask? After an hour? Two hours? After lunch break? Just before their return trip home? You’re the big expert here, so please educate us? Can you prove how old the person sitting opposite you’s disposable mask is, on the subway train?

Zev Mo

Every 30 minutes, as long as you are correctly fit-tested with a respirator. Not a cloth or paper mask which is about as effective as wearing pantyhose on your face.


If you like the smell of your own breath, or breathing more carbon than oxygen that’s fine with me

Just don’t force others to


Guess you won’t be using El Al


Didn’t Mr. Gottlieb run around saying today -defending maskers by saying you can protect yourself by wearing a good mask? Does Biden need a distraction from his failing health? What’s his goal a civil war? Or is this a bunch of stuck up politicians that feel extremely slighted from their power! Utterly pathetic!


I think the problem was that it was a Trump appointed judge that invalidated the mask mandate.


I have tickets booked in the summer on LY. I hope they change their mask policy before then. Leaving a mask requirement almost no one is interested in while all your competitors got rid of it will put them at a competitive disadvantage.


So much science and partisanship at play.
Green Day was right when they sang American Idiot: nation controlled by the media.

David Djmal

FYI: Green Day’s well-publicized views are a complete echo of MSM.


Wierd Al’s Canadian Idiot is much more accurate.


Let the Dems go down w this lolz . Totally outta touch


There are a few different factors at play here:
1. A number of countries still require masking, but only from 5 and up.
2. The CDC should appeal the decision, as this clearly undermines their authority. An appeals court would likely strike the ruling.
3. The Biden administration should work with the CDC to create a clear, concise and understandable “COVID Protection Map”
What mitigation measures are recommended/and where.
4. Public transportation includes local mass transit as well as air travel, different rules, and the WHY for each should be made available.
A good off ramp would detail the CDC formally ending the mandate on air travel, provided the passenger takes a rapid test (freely available at flight check in) prior to embarking on the travel vehicle.
Or perhaps requesting airlines to implement masking during boarding, takeoff and landing as that is when the air filters are offline (they generally only operate at low pressure altitudes).


I expect the ruling to stand. To the extent there is going to be a mandate it needs to come from politically accountable institutions like Congress, that directly face the voters, and not from a bunch of unelected CDC fools who only order their steaks well done. Last think we need is more of this garbage “socialist paradise” mentality from the left that has gotten us runaway inflation and out of control gas prices.


So much for that.

Power is sweet. CDC ain’t giving it up that fast.


Israel to remove mask mandate on flights, in effect motzoai shabbos April 23 8:00 PM


Not true.
They’re removing the requirement from most indoor spaces, but excluding medical facilities and planes:,7340,L-3083,00.html#google_vignette


Right ‍♂️
I missed that exclusion


@Dan Luckily, award tickets can be cancelled for free should the mandate be reinstated.

Does that work if you book ElAl with Chase ultimate rewards points?

Charles Xavier

To me the more pressing thing is removing the test to re enter requirement.
Has anyone heard any rumblings on this?

Israel Love

Which award ticket, can be canceled?


This is what happens when a ultra right group from Arizona cherry picks an inept judge in Florida. That being said, appealing the ruling is for optics only. It’s going to take way longer to conclude an appeal than the likely life span of any mask mandate. This is why I dislike the politics of both sides of the spectrum. When is the average, middle of the road American, going to be represented by people with common sense?

Art Z

When liberal judges made nationwide orders to block various Trump immigration issues, the media portrayed them as wise and well-reasoned decisions. When a conservative judge rules against Biden’s mask mandate, liberals attack the judge. The fact is that the CDC has no jurisdiction to issue transportation mandates. CDC falsely claimed that its authority came from Congress enacting laws to set standards for sanitizing medical buildings and equipment.

The judge is right, and the 11th Circuit Court of Appeals will uphold her.

LSD :-)

I hope it gets overturned.

captain america

The only masks that work are N95 or similar . If the government wants to mandate continued mask use than they better supply me with them . And they are one has and done in order to properly protect you . Hope they have enough in reserve for the whole country . Let this insanity end already . The now retired head N.Y.C. Dept. of Health Dr. Chotsky? did a psa back in January telling New Yorkers that the cloth and paper masks no longer work (not that they ever did…just like Dr. Check said at the beginning of the pandemic) . Oh…and if you believe that the vaccines work…and everyone should get it to protect themselves and others but both vaccinated and unvaccinated people are still getting the virus you are more than welcome to keep wearing any mask you want but stop trying to make others get vaccinated or wear masks . You have the ability to protect yourself as much or little as possible so what are you so afraid of ? And also those who have had it have natural immunity . Sorry for rambling but it is long over due that we get back to normal .


just flew with 5 kids under 10, a few reminders from airline staff but nothing more then that…your overdoing it


every plane to israel for chagim was full with families and no one had issues…


Which airline?


Dan, you really shouldn’t let the mask mandate for kids influence your decision of whether or not to visit Israel. As someone who’s flown the route relatively recently in business, premium economy, and economy on different carriers, as well as other flights between Israel and Europe – let me tell you that the public sentiment pendulum has swung, and passengers have really stopped respecting the mandate. “Enforcement” is nothing more than a “your mask, sir…” in passing, without actually standing there and waiting for you to put it on. As someone with 2 small kids (6 & 9) and a baby: never has anyone asked my kids to actually put it on.

As they say in Israel: אל תהיה צהוב


I have flown a couple of times in business to Israel recently, and the FA’s kept harassing people, even when the passengers were sleeping, to make up.


Which airline – heard Air Canada threatens to do so at the beginning of the flight! Can @Kleenex explain the reason to mask while sleeping which large particles come out of you?


Serious question: If a person wearing two masks is sitting next to a person with no mask, isn’t this the same as if both people were wearing one mask? In fact, it may actually be better for the person wearing two masks as they may be better quality masks.


Not if the no masker is contagious. The point of the mask is to catch the particles before they get smaller.


What airline did you book the tickets with? United award chart is insane!

What\'s good for the goose, is good for the gander

The only people who need a mask mandate are the sick ones who run the CDC.
They are the virus


Political Suicide
They are fighting the popular public opinion on this issue.


This is called sore loser, when you sit in a echo chamber bubble you can’t acknowledge that you lost the fight and the public opinion.


I hate these mask authoritarians so much.


Freedom is such an outdated notion. I believe that the more regulation, the better. I want to be told when to mask, when to get a shot, when to get up in the morning, who I should talk to and who to avoid, and most of all, what to think. It’s so anxiety-provoking to have to think for myself and come to conclusions based on my own research! I would much rather outsource the decisionmaking and thinking to others. Who’s with me on this? I just want others to think for me, and then let me repeat that (with passion) to others!

Stupid American

I am SO with you on this one. Freedom is just a Trumper Republican talking point. It gives me so much anxiety when I have to think for myself or when someone else says something that my thinkers tell me I’m not supposed to think. I just don’t understand why everyone can’t just get with the program and realize that it’s 2022.


Don’t forget to add “This is my own honest opinion!” before you do the repeating.

nsx at FlyerTalk

I would support mask requirements imposed by local authorities for their poorly ventilated buses and trains. There are so many illnesses you can catch there. I do not support a nationwide mask mandate that includes HEPA filtered airplanes.

Congress should have acted on this issue. The Senate did, but the House refused to put it to a vote. That abdication of responsibility does not authorize legislative action by the executive or the judiciary. Let the states and cities handle this, as they are now doing.


The USG is being strategic by appealing this ruling by the “unqualified” “Trump judge” against a CDC mandate, as this won’t be the last pandemic in some of our lifetimes that needs a CDC response requiring a mandate to try to better protect the public health than a “let it rip” approach.


Why appeal? Why not just have Congress write a new law that gives them the power to mandate?

Brought my Kleenex with me to Israel

Flew on Turkish to Israel for pesach there was one karen who mentioned it a few time that was it most of the plane was not or under the chin most of the time


I am overseas needing to fly on Lufthansa through Munich to sofia. Can I use the binax now proctored tests that I have carried with me air will it not be accepted? Please reply quickly as it is difficult and expensive to find testing here at Faro.


I wish the US Justice Department a successful appeal against the ruling by the “Trump judge” banning the federal government’s mask mandate. If only because securing the general public health in the face of a future pandemic will require the government to have the ability to reinstitute health safety measures like this.

Unkle Runkle

Maskers are their own religious group.