Jen Psaki Says Mask Mandate Appeal to 'Preserve' CDC's Authority

White House Press Secretary Jen Psaki said on Wednesday that preserving the authority of the Centers for Disease Control and Prevention (CDC) would be one reason for an appeal against the striking down of a mask mandate for transportation.

Psaki made the remarks during a White House briefing before the Department of Justice (DOJ) formally lodged notice of appeal with a federal court in Tampa, Florida against a decision this week by a U.S. district judge.

Judge Kathryn Kimball Mizelle, a Trump appointee, wrote in her 59-page ruling on Monday that the mask mandate for airplanes, buses and trains exceeded the CDC's authority and that the agency had not justified the mask requirements.

When asked about an appeal on Wednesday, Psaki said that the White House and cabinet were "deferring to the CDC on what they believe is needed at this moment."

She noted that the CDC had "put in place this two-week extension because they felt they needed that to take a look at the data, given that we've seen a rise in cases."

That extension to the mask mandate was put in place just before Mizelle's ruling and would have extended to May 3.

"And the Department of Justice, as you noted, has indicated that they would appeal not just because they think it's entirely reasonable, of course, to have this additional time to look at it, but because they think that the current—for current and future public health crises, we want to preserve that authority for the CDC to have in the future," Psaki went on.

Psaki was later asked why the Department of Justice had not appealed the ruling immediately and sought a stay, which would potentially allow the mandate to remain in place.

She replied that whether to seek a stay was a matter for DOJ but said: "The objective here is, of course, to appeal the 15-day extension but also to preserve the CDC authority over the long term."

"Because as we've noted from here, we expect there to be ups and downs in the pandemic, and we certainly want the CDC to continue to have this authority," Psaki said.

The DOJ filed notice of appeal with the U.S. Court of Appeals for the Eleventh Circuit on Wednesday but did not say whether it would seek an emergency order to reinstate the mandate. That appeal was lodged after the CDC asked the department to proceed with an appeal.

The CDC said on Wednesday that "an order requiring masking in the indoor transportation corridor remains necessary for the public health."

Several major airlines, Amtrak, and Uber all dropped their mask requirements following Mizelle's ruling on Monday. That ruling has been subject to criticism, including from former Surgeon General Jerome Adams and Harvard Law School professor emeritus Laurence Tribe.

Newsweek has asked the White House and the CDC for comment.