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Morning Briefing

Summaries of health policy coverage from major news organizations

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Thursday, Apr 21 2022

Full Issue

Justice Department Will Appeal Ruling That Voided Travel Mask Mandate

The decision was based on a determination by the CDC that masking on public transit "remains necessary to protect the public health." Based on other pandemic-related rulings, court watchers say the Biden administration move could be an uphill climb.

NPR: Justice Department To Appeal Recent Mask Ruling 

The U.S. Justice Department said it's appealing the ruling by a federal judge that voided the mask mandate for public transportation. DOJ spokesperson Anthony Coley said a notice of appeal had been filed in light of the determination by Centers for Disease Control and Prevention that wearing a mask "remains necessary to protect the public health. "The CDC said it had asked the DOJ to appeal. The public health agency continues to recommend that people wear masks in all indoor public transportation settings and says "wearing masks is most beneficial in crowded or poorly ventilated locations, such as the transportation corridor." (Diaz, 4/20)

NBC News: Justice Department Appeals Ruling Lifting Transit Mask Mandate After CDC Request

The Justice Department has not asked the appeals court to block the judge's order that lifted the federal mask mandate on transit systems, meaning passengers will be able to continue traveling maskless while the decision is litigated. (Richards, 4/20)

The Hill: Biden Appeal Of Judge’s Mask Mandate Ruling Risks Backfiring 

Legal experts who criticized a judge’s controversial decision this week striking down the federal mask mandate for travel say the Biden administration faces a grave risk if it moves forward with an appeal. These court watchers warned that a conservative-leaning Supreme Court, which has already upended several pandemic-era health measures, could use the Trump-appointed judge’s narrow view of the government’s public health powers to create a far-reaching precedent. (Kruzel and Gangitano, 4/20)

More on the transit ruling —

AP: Most People In US Want Masks For Travelers: AP-NORC Poll 

A majority of people in the United States continue to support a mask requirement for people traveling on airplanes and other shared transportation, a poll finds. A ruling by a federal judge has put the government’s transportation mask mandate on hold. The poll by The Associated Press-NORC Center for Public Affairs Research finds that despite opposition to that requirement that included verbal abuse and physical violence against flight attendants, 56% of those surveyed favor requiring people on planes, trains and public transportation to wear masks, compared with 24% opposed and 20% who say they are neither in favor nor opposed. (Kolpack, 4/20)

KHN: Judge’s Ruling On The CDC Mask Mandate Highlights The Limits Of The Agency’s Power

The role that the federal government plays in containing future epidemics will hinge on the outcome of an appeal of this week’s court ruling that overturned the mask mandate for travelers on airlines, trains, and the nation’s mass transit systems. A federal court judge in Florida said the Centers for Disease Control and Prevention had overstepped its authority in requiring masks on public transportation, a mandate that legal experts considered well within the bounds of the agency’s charge to prevent the spread of covid-19 across the nation. (Whitehead and Appleby, 4/21)

The Atlantic: The End Of Airplane Masking Feels Momentous

Whether or not masking on buses keeps community spread in check, it has other benefits. “For me, the mask mandate is not simply a tool to control transmission, but rather one that makes our essential spaces safer and accessible for everyone,” Anne Sosin, a public-health researcher at Dartmouth, told me. People who are at risk because they are very elderly, or who get a bit less benefit from the vaccines because they’re immunocompromised, or who have small children, can generally avoid bars and concert venues if they want to. Buses and metros are much harder to steer clear of. Black and Hispanic Americans, who have gotten sick and died at higher rates than their white peers throughout the pandemic, are more likely to use public transportation—and more likely to support mask mandates there. (Gutman, 4/20)

NBC News: Delta To Allow Passengers Banned For 'Mask Non-Compliance' Back On Airplanes

Delta Air Lines will begin allowing passengers who were banned from flying for “mask non-compliance” back on its airplanes after a federal judge struck down the Biden administration’s mask mandate for air, rail and other travel, the company said Wednesday.     In a statement, Delta said it will restore flight privileges for customers who demonstrate “an understanding of their expected behavior when flying with us.” (Stelloh and Blackman, 4/20)

The Wall Street Journal: As Americans Shed Their Masks, Asia Largely Stays Covered Up

Chie Matsuda learned from a morning TV show here on Wednesday that passengers on U.S. airplanes had just been allowed to take off their masks. It was a moment of celebration for some Americans, but Ms. Matsuda didn’t like the sound of it. “I’d be uncomfortable if the person next to me on the plane was unmasked,” said the 64-year-old retiree as she ate a sandwich outside a Tokyo shopping mall. “We haven’t figured out yet how we could live with the coronavirus. At this phase, we’d better take a more conservative approach.” (Inada, 4/21)

In other news about mask mandates —

NBC News: Vaccines, Antibodies, Antivirals: How Some Immunocompromised Can Cut Covid Risk

As more and more Americans doff their masks, immunocompromised individuals may be concerned about their risk levels among largely unmasked crowds. ... But experts say that while immunocompromised individuals do remain at a greater risk of Covid, the landscape looks much different than it did even a year ago, with a number of tools available to provide the extra protection they need. (Lovelace Jr. and Syal, 4/20)

San Francisco Chronicle: BART No Longer Requires Masks To Be Worn, But Board Members Want To Reinstate A Mask Mandate

Passengers no longer have to wear face coverings to ride BART, but the regional rail agency’s Board of Directors will consider reinstating a mask mandate at its April 28 meeting. The agency announced shortly before 5 p.m. Wednesday that masks are optional to wear on BART trains and stations, effective immediately, after the state’s Department of Public dropped its mask requirement on public transit earlier in the day. That decision came after a judge in Florida overturned the federal masking policies for public transportation and airplanes. (Cano, 4/20)

Philadelphia Inquirer: COVID Science Supports The Philadelphia Mask Mandate, But It's Complicated

Two years into the COVID-19 pandemic, the public debate on masks is as heated as ever — especially in Philadelphia, which earned national attention for once again requiring masks in indoor public spaces. Yet in the realm of science, there is plenty of evidence to support using the face coverings. Researchers who study airborne transmission of viruses say there is no question that masks — even the cloth variety — reduce the spread of the coronavirus. Exactly how much depends on the type of material, how well the mask fits, and how many virus particles an infected person is shedding, among other factors. No mask is bulletproof, but that’s not a reason to reject them entirely. No infection-control measure is absolute, short of complete isolation. (Avril, 4/20)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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