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The Department of Justice appealed Tuesday the ruling issued last April by a federal judge in Florida that invalidated the use of masks aboard airplanes and other public transportation.
In its request to reverse the ruling, the Department argues that the decision made in January 2021 by the Centers for Disease Control and Prevention (CDC) that required users of public transportation to wear masks was within its prerogatives.
Judge Kathryn Kimball Mizelle, on April 18, found that the CDC order exceeded the legal authority of this U.S. national public health agency.
On appeal, the agency asserts that it is difficult to imagine a more direct means of controlling the spread of a contagious disease than a measure that traps infectious particles to prevent their spread.
Despite its reversal, the CDC has continued to recommend the use of masks on public transportation.