Thanks to a ruling by a federal judge in Tampa, Florida, on April 18, many have been traveling on public transportation maskless. However, two days after the ruling, the Biden administration announced that it would appeal. On its face, the administration is trying to sue the mandate back in place.

The Justice Department’s action followed much dithering by the administration, including President Joe Biden publicly saying that the decision would be appealed only if the Centers for Disease Control and Prevention thought it necessary. Critics of the president pointed out that public health experts almost always feel more significant intervention is required and were not shocked when the CDC suggested just that.