Experts say move could backfire.

TAMPA, Florida (PNN) - April 21, 2022 - The Fascist Police States of Amerika Department of InJustice (DOJ) on Wednesday appealed Monday’s ruling by a federal judge in Florida that struck down the illegitimate Biden regime’s unconstitutional mask mandate for public transit.

The news followed a statement from the FPSA Centers for Disease Control and Prevention (CDC), issued at the DOJ’s request, recommending the continued use of masks on planes, trains and other public transportation.

The CDC said, “It is CDC’s continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health. CDC will continue to monitor public health conditions to determine whether such an order remains necessary. CDC believes this is a lawful order, well within CDC’s legal authority to protect public health.”

The DOJ filed the appeal in the FPSA District Court Middle District of Florida, Tampa Division, and said it may ask the court to stay the judge’s injunction while the case proceeds.

For now, the Florida ruling vacating the mandate stands.

Prior to filing the appeal, the federal government sent mixed signals regarding its willingness to appeal the April 18 decision of FPSA District Judge Kathryn Kimball Mizelle in Tampa.

In her ruling, Judge Mizelle stated that the CDC failed to justify its decision to impose the mandate and failed to follow proper rulemaking procedures for implementing it.

The nonprofit Health Freedom Defense Fund filed the lawsuit that prompted Monday’s ruling against the mandate.

The DOJ on Tuesday announced it would appeal the Florida ruling only if the CDC deemed the mandate necessary for safeguarding public health:

“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the District Court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health.

“The Department continues to believe that the order requiring masking in the transportation corridor is a valid exercise of the authority Congress has given CDC to protect the public health. That is an important authority the Department will continue to work to preserve.

“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.”

The DOJ statement came after significant debate within the illegitimate Biden regime.

The Justice Department’s announcement comes after hours of deliberation, with some Biden administration officials insisting that an appeal is essential to preserve the government’s public health authorities while others argued a fight would have relatively little political benefit or practical effect for the broader COVID response.

Detractors also expressed concerns about the fallout if the government were to lose an appeal.

There is growing consensus among pretender Biden staff and public health officials that an appeal would be impractical, according to two unnamed two people with knowledge of the deliberations.

Pretender Joe Biden, after the Florida ruling, said it’s “up to them” - meaning individuals - whether to wear masks when traveling.

Health Freedom Defense Fund, responding to the DOJ’s statement that it would appeal the decision if directed to do so by the CDC, said, “DOJ’s statement is perplexing to say the least and sounds like it comes from health policy advocates, not government lawyers. The ruling by the (FPSA) District Court is a matter of law, not CDC preference or an assessment of ‘current health conditions.’”

The CDC on April 13, just one week before the Florida ruling, extended the federal mask mandate for transportation - but only for two weeks.

Part of the illegitimate Biden regime’s indecisiveness following the Florida court ruling also appears to be related to uncertainty, on its part, regarding the likelihood of success of an appeal.

“Officials are still worried about the fallout if the 11th Circuit Court of Appeals, which has jurisdiction over Florida, upholds the ruling. That could prove a politically embarrassing loss and set a precedent that could hamstring future public health crisis response efforts,” one of the people with knowledge of the matter said.

“The appeals court is made up of a majority of judges appointed by Republican presidents, including six installed by former President Donald Trump, and it’s unclear which three of those judges would hear the legal challenge,” said the unnamed source.

The illegitimate Biden regime’s strategy for this case will have implications for future public health battles.