Court Showdown Continues as Airline Industry Moves to Masks-Optional Rules

News of the CDC's mask mandate being struck down in court has not gone over well with the Justice Department, who recently filed an appeal disputing the outcome of the case. 

On the surface, it may appear the Department aims to reinstall the mask mandate, deferring to the CDC in its belief that maintaining the order is in the interest of the public good. The surprise court ruling and subsequent change was met with varied reactions, both for and against a return to the former status quo. Carriers were undoubtedly happy to be free of in-air mask enforcement, often the root of so many unruly passenger incidents. Many airlines have opted to let travelers decide their own mask usage, glad to be free of contentious enforcement and the risk of fines. 

Some analysts have said the DOJ appeal may not be entirely focused on reinstating the mask mandate, but an attempt to preserve the authority and methods invoked when it was issued. Allowing it to remain struck down in court could deprive the CDC of a portion of its toolkit, and legal observers noted that the appeal did not include a request for a stay as would be expected if they wished to overturn the decision. Filing the appeal as-is effectively allows things to continue on in a "masks optional" condition for the foreseeable future.

The case could conceivably move on to the Supreme Court, where some in the Biden administration worry about their chances of coming out victorious. Recent invalidations on the 2020 eviction moratorium, and vaccine requirements did not go the way they preferred, and a loss in the Supreme Court would make the 11th Circuit's determination apply nationwide. 

Before the court decision, the CDC had planned on completing their assessment over the mandate before May 3, then decide whether a mandatory order would remain necessary for public health. 

FMI: www.justice.gov