Mask mandate ruling for planes, transportation re-ups debate over nationwide court orders
The Justice Department said late Tuesday it would appeal the decision if the CDC "concludes that a mandatory order remains necessary for the public’s health."
- Presidents of both parties have complained about nationwide injunctions by federal courts.
- Polls show Americans are divided on party lines about extending transportation mask requirements.
- Expert: Supreme Court may ultimately end up resolving lingering questions about nationwide orders.
WASHINGTON – A ruling by a federal judge in Florida upending the Biden administration's mandate that Americans wear masks on planes and other forms of transportation appeared to catch travelers, airports and the White House off guard – creating a patchwork of rules that depend on a passenger's destination.
One group not surprised by the outcome: legal experts who study when and how federal courts block the enforcement of policies handed down by the executive branch, a phenomenon that has vexed presidents of both parties and appears to be on the rise.
President Donald Trump's travel ban on predominately Muslim nations was blocked by a federal district court before his administration landed on a version the Supreme Court upheld in 2018. The eviction moratorium imposed early in the COVID-19 pandemic and extended by President Joe Biden was blocked and unblocked by lower courts before the Supreme Court ruled.
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