Are Mask Mandates Coming Back? Biden DOJ Argues to Bring Back Policy in Court

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The Biden administration on Tuesday argued that the federal Centers for Disease Control and Prevention should have the authority to issue an immediate mask mandate on travelers.

The Department of Justice had appealed a federal judge’s ruling in April that said the CDC did not have the legal authority to issue a mask mandate, according to Reuters.

Noting that the crux of the issue was whether the CDC could impose the mandate without a public comment period, Justice Department attorney Brian Springer said action without waiting to hear from the public was essential “to prevent the possible infections and deaths that could result if people didn’t do the simple thing of just putting on a mask while they were traveling.”

“In those circumstances, the CDC had good cause to issue this order, particularly when the CDC detailed the reasons why in this particular environment, namely in the transportation sector and in transportation settings, COVID had a specific tendency to spread among people who are traveling together because they’re standing together in lines and sitting together on conveyances,” Springer said, according to the Epoch Times.

Lawyer Brant C. Hadaway representing five people who challenged the mandate, opposed that claim, according to Reuters.

“This is not about an urgent matter of public health,” Hadaway said in court.

Republican lawmakers said the mandate should not return.

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