The Biden administration risks serious backlash for trying to bring back the wildly unpopular mandate as airlines have already abandoned it.

At the CDC’s request, the Department of Justice will appeal a ruling lifting the mask mandate for public transportation.

A DOJ spokesman announced the news on Twitter.

The CDC said in its own statement, “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.”

The CDC’s order was set to expire May 3rd, casting doubt over the necessity of the appeal. However, the move may be an attempt to preserve the CDC’s legal authority for the future.

But with a conservative-leaning Supreme Court, the CDC is risking its legal authority being constrained even further with a precedent-setting ruling.

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