The Justice Department on Tuesday asked a federal appeals court to overturn a U.S. District Court judge’s April orderthat declared the government mandate requiring masks on airplanes, buses and in transit hubs unlawful.

Hours after the federal judge in Florida declared the mandate unlawful, the Biden administration said it would no longer enforce it.

The Justice Department told the appeals court that the Centers for Disease Control and Prevention order issued in January 2021 was “within” the agency’s legal authority.

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