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The CDC had recently extended the mask mandate, which was set to expire Monday, until May 3 to allow more time to study the BA.2 omicron subvariant, which is now responsible for the vast majority of U.S. cases. But the court ruling Monday had put that decision on hold.
The CDC said it will continue to monitor public health conditions to determine if a mandate would remain necessary. It said it believes the mandate is “a lawful order, well within CDC’s legal authority to protect public health.”
Justice Department spokesman Anthony Coley said Wednesday night that the department was filing the appeal “in light of today’s assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health.”
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After a winter surge fueled by the omicron variant that prompted record hospitalizations, the U.S. has seen a significant drop in virus spread in recent months, leading most states and cities to drop mask mandates.
But several Northeast cities have seen a rise in hospitalizations in recent weeks, leading Philadelphia to bring back its mask mandate.
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