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Federal mask mandate appeal depends on CDC, Biden administration says

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WASHINGTON (AP) - The Justice Department said Tuesday it will not appeal a federal district judge’s ruling that ended the nation’s federal mask mandate on public transit unless the Centers for Disease Control and Prevention believes the requirement is still necessary.In a statement released a day after a Florida judge ended the sweeping mandate, which required face coverings on planes and trains and in transit hubs, Justice Department spokesman Anthony Coley said officials believe that the federal mask order was "a valid exercise of the authority Congress has given CDC to protect the public health." He said it was "an important authority the Department will continue to work to preserve."Coley said the CDC had said it would continue to assess public health conditions, and if the agency determined a mandate was necessary for public health, the Justice Department would file an appeal.A federal judge voided the Biden administration's mask mandate for travelers using public transportation such as trains and airplanes.

During the White House press briefing, press secretary Jen Psaki said the Dept. of Homeland Security is currently looking into the ruling and has not made a change to the mask mandate at this time.THIS IS A BREAKING NEWS UPDATE.

AP’s earlier story follows below.A pilot declared over the loudspeaker on a cross-country Delta Air Lines flight that passengers were no longer required to wear masks, eliciting cheers from the cabin and prompting some on board to immediately toss their face coverings onto their seats.RELATED: Fliers, subway riders shed masks after transit mandate lifted: 'Feel free to burn them'"Feel free to burn them at will," a train conductor told New Jersey commuters Tuesday.

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