Business Maverick: Biden Team Wavers on Fight Over Masks After Court Setback

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The Biden administration remains at a loss in responding to a federal judge’s ruling striking down the pandemic mask requirement for plane and rail travel, with the White House and various agencies struggling to devise and coordinate a legal strategy more than a day later.

The Justice Department said on Tuesday that it stood ready to appeal the ruling — issued Monday by a Trump-appointed federal judge in Florida — but that it would do so only “subject to the CDC’s conclusion that the order remains necessary for public health.”

“CDC continues to recommend that people wear masks in all indoor public transportation settings,” the agency said. “We will continue to assess the need for a mask requirement in those settings, based on several factors, including the U.S. Covid-19 community levels, risk of circulating and novel variants, and trends in cases and disease severity.”

And the White House — which has been broadly deferential to both the CDC and Justice Department — offered little additional clarity.

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