DOJ to possibly appeal ruling

A very poorly written article (an understatement), but consider the quality of journalism at People.com…

I don’t believe the article actually states the DOJ is going to appeal. I’m pretty sure that is not true, at least not right now - otherwise I suspect People Magazine would not be the only source reporting this, and I’ve seen nothing else saying it is. Maybe they’ve got a scoop and the New York Times has been sleeping?

I suspect the Biden administration is going to choose not to die on this hill, and will let it go, and so the mask mandate on planes will be essentially over (at least in the US) and won’t be coming back, barring a major spike or some very nasty new variant.

I have decidedly mixed feelings about this. I’m currently overseas (in Thailand) and will be flying home on Monday. Here, COVID numbers are quite high and almost everyone takes it seriously — mask use is nearly universal here, except for the American tourists I see. I’ll be flying home on Japan Airlines and I expect them to be vigorously enforcing their own mask requirement (IME Japan follows every rule, always, and expects you to, too — it seems to be deeply rooted culturally…wish we had some of that…). I expect masking to be highly visible until I step off the plane in Seattle. Then, not so much.

Added later…
OK, OK, I take back the snark unfairly heaped on People Magazine’s outstanding journalism. Expect Pulitzers to follow.

As usual, rather poorly written articles, bad journalism and burying the necessary information from all the corporate media. There is no appeal, nor has an appeal been filed. All that the DoJ has actually said is that should the CDC determine that the mask mandate is still necessary to protect public health, the government would appeal. And yet the CDC has not yet actually made such a determination.

To avoid any confusion, I would change your title to "DOJ may appeal ruling."

There are wider impacts of such a ruling if it stands than just the mask issue.

I wouldn’t consider People magazine a legitimate news source

Here is NYT piece in this for those interested:
https://www.nytimes.com/live/2022/04/20/world/covid-19-mandates-cases-vaccine#biden-mask-mandate-transportation

I am not an attorney but I play one on Rick Steves talk threads.

Bring your mask along when you travel. You never know if you might get bumped to a different airline or air terminal. Then you can decide if you want to wear one where it is optional. And you will be prepared in case it is not.

This thread disappears in ... 3 ... 2 .... 1 ....

Not likely to happen as the CDC would like to maintain authority for any future issues and if they lost the appeal it could potential make that impossible. (I also play an attorney on RS forums). That very unqualified judge really made an impact

Posted by Webmaster
Edmonds, WA, USA
04/18/22 01:44 PM
732 posts
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This is a reminder that this forum is not a place to discuss the pandemic. Our Community Guidelines' additional rules re the pandemic still stand. I've already nuked two topics today and removed several posts in this topic.

I sincerely understand what this topic triggers for many of you, but we need to find a way to keep the OP's information -- as this affects what we need to know about travel -- without allowing our threads to devolve into mask "discussions" and other politicized debates. If your post isn't specifically about travel, don't post it. ( emphasis added)

Thanks everyone!

Webmaster has plenty to do without having to make like the guy following the parading elephants.

It seems to me that this ruling and appeal regarding the mask mandate on public transportation IS about travel.

From what I have read on more reliable sources is that the DOJ is appealing the ruling. However, while the appeal is in process they are not asking that the current ruling be suspended. So, in effect, until further court action the mask mandate on public transportation is gone. There is no mask mandate currently.

But, correct me if I'm wrong, but just because there isn't a federal mandate, individual airlines (and trains, buses, etc) could implement their own rules about wearing masks on their services. I'm highly doubtful that they will, but they could. For example, there currently is no state mandate in Oregon but our buses in Corvallis still require masks be worn and some smaller stores and venues do still require them.

But, correct me if I'm wrong, but just because there isn't a federal mandate, individual airlines (and trains, buses, etc) could implement their own rules about wearing masks on their services

Yes, in fact several cities have their own policies still in effect, a tour company could impose masking while in confined spaces and transport.

Less clear is the extent to which international travel is affected, is the airline obligated to follow the stricter of the two requirements? Does it apply only on landing? or Takeoff? Does a US flagged aircraft follow only US rules, so on Delta from MSP to AMS, no masks, but on that KLM flight from MSP to AMS, you wear masks?

What the White House said is if the CDC felt that masks should still be worn on public transportation including airliners then they will appeal. If they don't, they won't.

Biden when asked if people should wear masks on planes said, "that's up to them."

The mandate only pertains to government rules. The airlines themselves can do what they want in the USA.

For flights to countries that still have mask regulations, those regulations must be followed. As to when the masks have to be worn is a good question.

It seems to me that this ruling and appeal regarding the mask mandate
on public transportation IS about travel.

The information itself is related to travel. But criticizing the judge who issued the opinion is not travel related. Neither is everyone’s personal opinion as to whether the decision was correct or not or should be appealed or not.

CDC has asked DoJ to appeal
https://www.reuters.com/world/us/cdc-wants-justice-department-appeal-transportation-mask-ruling-2022-04-20/?utm_source=twitter&utm_medium=Social

Latest news. Based on CDC recommendations the DOJ is filing an appeal of the ruling eliminating the mask mandate.

The information itself is related to travel. But criticizing the judge who issued the opinion is not travel related. Neither is everyone’s personal opinion as to whether the decision was correct or not or should be appealed or not.

Definitely agree. If there were posts like that on this thread, I missed them. Glad they're gone.

Thanks Christine.

Your health insurance company is required to cover up to 8 self test kits per month. Make sure you file those claims.

Carrie, nailed it. Thank you.

How do people feel about switching to vented N95 masks on planes? With no mask mandate, you're basically just wearing a mask to protect yourself anyway, and a vented mask would be more comfortable.

Even though DOJ is appealing the ruling against CDC mask mandate, it is not requesting a stay of the ruling so the mandate is effectively gone for now. The appeal will take months and will simply determine whether or not CDC has legal right to impose future mask mandates.

Tom, personally, for what its worth, first I support following the law and the rules and regulations of the service provider, and then after that is satisfied, I support anyone wearing what ever makes them feel most comfortable to enjoy their lives.

Tom, a bit off topic, but give the KF94 masks a try. They seem to give a decent level of protection even when compared to the N95.

My husband hates masks, but was okay with this one.

And in the future, it might be nice to have a tolerable mask that you might choose to wear if you have a cold etc. when around others.

Simpgolf, thank you for that explanation. So perhaps there still is hope for the testing requirement to be lifted, however small.

Tom, I second Gail’s recommendation of the KF94. It is very comfortable and I can wear it all day.