It remained unclear whether the Biden administration would ask the appeals court to grant an emergency stay to immediately reimpose the mask mandate on public transit.
An emergency stay of the lower court’s ruling would be a whiplash moment for travelers and transit workers. Most airlines and airports, many public transit systems and even ride-sharing company Uber lifted their mask-wearing requirements in the hours following Monday’s ruling.
The CDC said it will continue to monitor public health conditions to determine if a mandate would remain necessary. It said it believes the mandate is “a lawful order, well within CDC’s legal authority to protect public health.” “That’s up to them,” Biden declared during a Tuesday visit to Portsmouth, New Hampshire. The White House nonetheless continues to require face coverings for those traveling with him on Air Force One, citing guidance from the Centers for Disease Control and Prevention.
After a winter surge fueled by the omicron variant that prompted record hospitalizations, the U.S. has seen a significant drop in virus spread in recent months, leading most states and cities to drop mask mandates.
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