The US Centers for Disease Control and Prevention requested the Justice Department to appeal a ruling that lifted a travel mask mandate.
The CDC believes that this is a lawful order that protects public health. The agency wrote in a statement that it will continue to monitor public health conditions to determine whether an order remains necessary.
The Department of Justice said in a statement that it had filed a notice of appeal in the case of Health Freedom Defense Fund, Inc.
The judge ruled that the mask mandate on planes and other forms of public transportation was not legal. The mask mandate was put in place by the CDC to stop the spread of Covid-19.
The Justice Department has not yet made an attempt to block the order. Over a number of months, the appeal process will unfold.
The White House said that it will likely appeal the decision but that the Transportation Security Administration will not enforce the order on public transport.
Faces show relief, confusion and disappointment as masks come off of planes.
The airlines, Delta, and the railroad operator were the first to make wearing masks optional for passengers and employees.
It raises questions about enforcement if the mandate is restored. 70% of unruly passengers reported to the FAA last year were tied to disputes over the mask mandate.
Delta, Alaska and United said this week that they would allow travelers banned for not complying with mask mandate back on flights on a case-by-case basis.
Delta said in a statement late Wednesday that customers who demonstrated egregious behavior will be placed on the no-fly list.
CNBC's Kevin Breuninger and Leslie Josephs contributed to the report.