The U.S. Department of Justices appeal of a judges ruling against the federal mask mandate on public transportation illustrates why the House of Representatives needs to join the Senate and vote to permanently end the mandate. It made little sense before, and it makes even less sense now.
The DOJ filed the appeal last Tuesday, claiming that the federal district courts April ruling in Florida didnt come close to showing that the CDC has acted outside the zone of reasonableness and further that there was ample support for the agencys determination that there was good cause to make the order effective without delay. The Biden administration could unilaterally reinstate the mandate if the appeal succeeds.
The Senate passed a bill to end the mandate a month prior to the courts ruling by a 57-40 margin, with eight Democratic senators joining all but one Republican. But Speaker Nancy Pelosi (D-Calif.) has never allowed a vote on a similar bill in the House despite calls by members for a vote. The House bill had become moot until the DOJ appealed, but now the House has a good reason to take up the issue.