USA TODAY Airlines ditch face mask

WASHINGTON — The Justice Department announced Tuesday that it will appeal the ruling that lifted the federal mask mandate on planes, trains and transit systems, pending a decision by the Center for Disease Control that the order is still required for public health.

The Justice Department will not, however, ask the court to stay the decision, meaning passengers will be able to continue traveling maskless while the decision is litigated.

In the day since a federal judge in Florida struck down the CDC’s requirement, numerous airlines and public transit systems have announced that masks were optional.

"The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health," the DOJ said in a statement.

On Monday, U.S. District Judge Kathryn Kimball Mizelle ruled the travel mask mandate unlawful. The White House said the Transportation Security Administration would not enforce the rule on public transport and transportation hubs while the ruling is reviewed.

The decision to appeal could be driven less by the current conditions and more by a need to preserve the ability of the CDC to issue future mandates. Monday’s decision was broad, challenging the government’s right to issue a national mandate.