The Department of Justice will appeal a federal judge's decision to strike down the Centers for Disease Control and Prevention's face-mask mandate for planes and public transit.
The Department believes that the order requiring masking in the transportation corridor is valid and will continue to do so.
On Monday, a Trump-appointed judge struck down the mask mandate for planes and mass transit, saying that the CDC overstepped its powers.
She said that the system does not allow agencies to act illegally even in pursuit of desirable ends.
The CDC had said before the district court's decision on Monday that the order would stay in place while it assessed public health conditions, and that the Transportation Security Administration planned to implement it.
The Department of Justice will appeal the district court's decision if the CDC concludes that a mandatory order remains necessary for the public's health.
Several US airlines, such as American, Alaska, United, Delta, and Southwest, dropped their requirement after the ruling, making mask usage optional. Many passengers were informed of the policy change.
The requirement was put in place by the Biden administration.