CDC asks Justice Department to appeal transportation mask mandate ruling

The U.S. Centers for Disease Control and Prevention on Thursday announced it is asking the Department of Justice to appeal a judge's ruling that ended the transportation mask mandate.

"CDC will continue to monitor public health conditions to determine whether such an order remains necessary," the agency stated in a press release. "CDC believes this is a lawful order, well within CDC's legal authority to protect public health."

The Department of Justice said Tuesday it would appeal the Florida federal judge's decision if the CDC determined masks to be necessary.

Judge Kathryn Kimball Mizelle ruled on Monday in Health Freedom Defense Fund, Inc., et al., v. Biden, et al that the federal requirement for masks on transportation such as airplanes was unconstitutional.

She said the CDC exceeded its authority and did not provide reasoning behind the mandate. 

Hours after the ruling, major airlines said they were dropping the mask requirement for passengers and employees.

The CDC and the DOJ said they disagreed with the judge's decision.

"CDC continues to recommend that people wear masks in all indoor public transportation settings," the agency said when recommending the appeal.