US President Joe Biden’s administration said on Tuesday it would appeal a judge’s ruling ending a mask mandate on aeroplanes if public health officials deem it necessary to stem the spread of COVID-19.

Centers for Disease Control and Prevention, to whom the administration was deferring, said that it would continue to study whether the mandates were still needed. The mandates apply to planes, trains and other public transportation and, prior to Monday’s ruling, had been due to expire on May 3.

“We will continue to assess the need for a mask requirement in those settings, based on several factors, including the US COVID-19 community levels, risk of circulating and novel variants, and trends in cases and disease severity,” a CDC spokesperson said in a statement on Tuesday.

The Justice Department said it would appeal Monday’s ruling by US District Judge Kathryn Kimball Mizelle that the 14-month-old directive was unlawful, if the CDC determined the mandate was needed to protect public health.

The ruling overturned a key presidential effort to reduce the spread of COVID-19.

“If CDC concludes that a mandatory order remains necessary for the public’s health after that assessment, the Department of Justice will appeal the district court’s decision,” the Justice Department said in a statement.



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