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No Appeal
 
The White House deliberated for a day, then announced it would not appeal a federal judge’s ruling striking down mass transit mask mandates.
 
The ruling had immediate impact, as pilots announced the end of the mandate mid-flight in some cases as airlines quickly dropped the mandates once the court’s ruling became known.
 
POLITICO reported yesterday morning that the ruling put the White House in a difficult position.
 
If the administration did not appeal, it would risk hurting the institutional authority of the Centers for Disease Control on such matters. The administration said CDC input was central to the process. And no appeal would lead to having to answer why the government just extended the mandate if it didn’t feel it was important to pursue legally.
 
But politically, not appealing the ruling would take the issue off the White House’s agenda. Democrats, especially those up for election in November, have been moving away from mask mandates for some time. The judge’s ruling gives them the “out” many have sought.
 
Had there been an appeal, it would show the White House strongly supporting CDC authority in setting policies…but politically, the appeal would be like throwing gasoline on a roaring fire of controversy as the summer travel season began. And who would squarely be to blame for masks still being required? Democrats.
 
It may well be that “follow the science” has given way to “reality of politics”. Shortly before the White House announced it would not appeal what it called a “disappointing ruling”, POLITICO released its first election forecast of the 2022 cycle…tabbing the U.S. House as “likely Republican” and the U.S. Senate as “leans Republican”. We’ll break that down tomorrow.
 
Airlines can still require masks…but note that all of them dropped it like a bad habit as soon as they could. Good luck ever imposing one again, given the public’s joyful reaction to the mandate going away.
 
So wear a mask if you want. Will probably be easier to find them in stores now.