Biden Administration to Appeal Ruling Against CDC’s Mask Mandate If CDC Recommends It

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President Joe Biden’s administration will appeal the April 18 ruling that struck down the federal mask mandate, if the Centers for Disease Control and Prevention (CDC) recommends the move, the Justice Department announced Tuesday.

“The Department of Justice and the [CDC] disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” the department 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,” it added.

Xavier Becerra, Biden’s health secretary, told reporters in Nevada earlier in the day that the administration was leaning toward appealing. “We are right now in the process of deciding, and we likely will appeal that ruling, but stay tuned,” he said.

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