If denied, the DOJ's appeal could hurt the CDC's ability to fight public health crises down the line.
Wednesday. “CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”
It very well may be — the agency has an “extraordinarily good case” against Mizelle’s ruling, as Gostin told the— but it remains to be seen if that’s the view of the U.S. Court of Appeals for the 11th Circuit. That court tilts conservative, as does the Supreme Court, which could eventually hear the case; that bench has a 6-3 conservative majority, with three Trump appointees, that has already struck down Biden’s employer vaccine mandate and other administration COVID policies.
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DOJ says it will appeal mask mandate decision if CDC calls for it'If CDC concludes that a mandatory order remains necessary for the public's health after that assessment, the Department of Justice will appeal the district court's decision.'
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