'It's risky': WABE legal analyst on DOJ appeal of federal mask mandate ruling

A man waits to board an Atlanta-based Delta Air Lines flight while wearing a mask. A federal judge in Florida struck down the national mask mandate for planes, trains and other means of public transportation. Now the Biden Administration is officially appealing that ruling.

Charlie Riedel / AP

Earlier this week, a federal judge in Florida struck down the national mask mandate for planes, trains and other means of public transportation.

Videos of a combination of cheering and visibly shaken passengers have spread online. One was during the moment flight attendants on airlines like Atlanta-based Delta announced masks were officially optional.

Now the Biden Administration is appealing that court ruling. The Atlanta-based Centers for Disease Control and Prevention is also behind the Department of Justice’s appeal, and still recommends people wear masks in crowded public places.



But depending on how the ruling goes in the U.S. 11th Circuit Court of Appeals, the decision could set a precedent that limits how the C.D.C. is able to respond to a future public health crisis. Short answer – it’s risky. 

WABE’s legal analyst Page Pate says short answer – it’s risky. Pate joined WABE’s ‘All Things Considered’ shortly after the DOJ appealed the ruling, and started by discussing predictions on which way the 11th circuit will rule.

The 11th circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia.

Lily Oppenheimer contributed to this report.