Delta Air Lines will not immediately take mask rule-breakers off no-fly list



Delta Air Lines passengers placed on the company's no-fly list for refusing to comply with COVID-19 masking requirements will not immediately have their flight privileges restored after the federal mask mandate on public transit was struck down in court.

President Joe Biden's administration on Monday said that following a Florida judge's ruling that the U.S. Center for Disease Control and Prevention's mask mandate for public transportation was unlawful, the Transportation Security Administration would no longer enforce the masking requirements on airplanes, buses, trains, and other forms of public transit and transportation hubs.

In response, Delta Air Lines told media outlets Wednesday that it will conditionally "restore flight privileges" to about 2,000 customers who had been put on a no-fly list after refusing to comply with the mask mandate.

A spokesman for the company told Fox Business that Delta will take customers off the non-compliance no-fly list "only after each case is reviewed and each customer demonstrates an understanding of their expected behavior when flying with us."

"Any further disregard for the policies that keep us all safe will result in placement on Delta's permanent no-fly list," spokesman Anthony Black added. "Customers who demonstrated egregious behavior and are already on the permanent no-fly list remain barred from flying with Delta."

Another major airline, United Airlines, said Tuesday that it will allow the roughly 1,000 people who were banned from flying for refusing to wear a mask to return to flights on a "case by case basis," Reuters reports. United said those people would have their flight privileges restored "after ensuring their commitment to follow all crewmember instructions on board."

The CDC's mask mandate was recently extended through May 3 before U.S. District Judge Kathryn Kimball Mizelle ruled that the agency had exceeded its statutory authority by imposing the mask rules. Airlines and flight attendants unions have for months expressed opposition to the mandate, but government health officials argue it is still needed as COVID-19 cases are rising thanks to the BA.2 Omicron subvariant.

The CDC on Wednesday asked the Department of Justice to appeal the Florida judge's ruling and DOJ later announced it had filed a notice of appeal.

"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," the CDC said in a statement. "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."

In the interim, several airlines have made masks optional for passengers.

Federal judge throws out CDC's public transit mask mandate



A federal judge in Florida on Monday declared the Biden administration's mask mandate for public transportation unlawful.

U.S. District Judge Kathryn Kimball Mizelle, who was appointed by former President Donald Trump, ruled that the U.S. Centers for Disease Control and Prevention exceeded its statutory authority by imposing masking requirements on airplanes, airports, and other forms of public transportation and transportation hubs. Mizelle wrote in a 59-page opinion that the agency did not follow proper procedure in issuing the masking order and failed to adequately explain its decisions.

"Because 'our system does not permit agencies to act unlawfully even in pursuit of desirable ends,' the Court declares unlawful and vacates the Mask Mandate," the judge wrote.

The decision comes just days after the CDC extended the mask mandate for an additional two weeks, citing concerns over rising coronavirus cases cased by the BA.2 Omicron subvariant of the virus. The mandate is now set to expire May 3.

When the CDC extended the mask mandate for the fifth time last week, the agency said that the BA.2 subvariant is now the dominant coronavirus strain circulating in the U.S.

"Since early April, there have been increases in the 7-day moving average of cases in the U.S. The CDC Mask Order remains in effect while CDC assesses the potential impact of the rise of cases on severe disease, including hospitalizations and deaths, and healthcare system capacity," the agency said in a news release.

The CDC and the Transportation Security Administration put masking requirements in place in January 2021, in response to an executive order from newly inaugurated President Joe Biden. Before Biden's order, U.S. airlines and other forms of public transportation had voluntarily adopted masking rules in accordance with COVID-19 pandemic guidance from the CDC.

In recent months, the masking requirements for public transportation have become controversial as pandemic case numbers have fallen and many COVID-19 restrictions on other industries have been lifted. The CDC adjusted its masking guidance in February to permit about 70% of Americans to forgo face masks indoors because they lived in areas where the threat from the virus was low or moderate. As of March, all statewide mask mandates in the country have been lifted, with Hawaii being the last state to do so.

CDC officials have received widespread criticism for permitting indoor workplaces, restaurants, entertainment venues, and other places where large number of people gather to drop masking requirements while keeping restrictions in place for public transportation like airplanes.

The lawsuit to end the mask mandate was brought by the Health Freedom Defense Fund and two other individuals.

White House COVID czar says TSA mask mandate could 'absolutely' be extended again



With the airplane mask mandate set to expire next week, President Joe Biden's new coronavirus czar on Monday raised the possibility that the U.S. Centers for Disease Control and Prevention could once again extend the federal masking requirements for public transportation.

"This is a CDC decision and I think it is absolutely on the table," White House COVID-19 response coordinator Dr. Ashish Jha told NBC News' Savannah Guthrie on "Today."

Jha said that the CDC is developing a "scientific framework" to guide its decision making and that agency director Dr. Rochelle Walensky will make a decision on the mask mandate for planes, trains, buses, and other means of public transportation within the week.

"We're going to see that framework come out, I think, in the next few days and based on that, we're going to want to be guided by this decision," Jha said. "Throughout the entire pandemic we've wanted to make decisions based the evidence and science, and that is what I expect we'll do again this week."

.@SavannahGuthrie spoke with White House COVID-19 Response Coordinator Dr. @ashishkjha about the rising COVID cases and mask mandates.pic.twitter.com/OZX62EaN3o
— TODAY (@TODAY) 1649676638

The Transportation Security Administration's mask mandate, originally set to expire in May 2021, was extended for the fourth time in March. President Biden enacted the requirements with an executive order in February 2021 to "encourage widespread mask-wearing and physical distancing on public modes of transportation, consistent with CDC guidelines and applicable law."

Congressional Republicans opposed the CDC's decision to extend the masking requirements last month because shortly beforehand the agency released new guidance that recommended that approximately 70% of Americans did not need to wear face masks indoors. Following the CDC's guidance, most states and local governments have loosened masking restrictions, or done away with them entirely, and Republicans and others questioned why the federal restrictions for public transportation remained.

Sen. Rand Paul (R-Ky.) forced a vote to overturn the masking requirements that passed with bipartisan support from senators but met a veto threat from President Biden.

As the CDC considers what to do with the mask mandate this week and next, several states are reporting a rise in COVID-19 cases because of the BA.2 Omicron subvariant of coronavirus, a new and more contagious strain of the virus that spread in Europe before making its way to the United States. Scientists have observed this latest strain to spread quickly but say that it does not appear to cause deadlier disease than previous strains of the virus.

Jha said that he is "not overly concerned right now" about the possibility of another virus surge like the Delta or Omicron surges. He pointed out that case numbers and hospitalization numbers are among the lowest they've been during the entire pandemic.

“I don’t think this is a moment where we have to be excessively concerned,” Jha said.

Senate votes to end TSA mask requirements, White House promises veto



The U.S. Senate on Tuesday voted 57-40 to overturn federal mask requirements on airplanes and other forms of public transportation.

A measure introduced by Sen. Rand Paul (R-Ky.) to use the Congressional Review Act to revoke the Biden administration's public health requirements received bipartisan support, but provoked a veto threat from President Joe Biden.

Last week, the Transportation Security Administration said that in accordance with recommendations from the U.S. Centers for Disease Control and Prevention, masking requirements for public transportation would be extended through April 18. The mandate would have expired on Friday.

Critics have questioned the need for the requirements given that CDC guidance says 98% of Americans live in places where it is safe to take off masks indoors.

Eight Senate Democrats joined Republicans to repeal the masking requirements — Sens. Jon Tester (D-Mont.), Jacky Rosen (D-Nev.), Catherine Cortez Masto (D-Nev.), Michael Bennet (D-Colo.), Kyrsten Sinema (D-Ariz.), Mark Kelly (D-Ariz.), Joe Manchin (D-W.Va.), and Maggie Hassan (D-N.H.).

Sen. Mitt Romney (R-Utah) was the lone Republican vote against the measure. According to CNN reporter Ali Zaslav, an aide in Romney's office said he voted against the repeal because he believes its the responsibility of public health officials to make these kinds of decisions, not politicians.

White House issues expected veto notice for GOP vote to repeal transit mask mandate: "The determination of the timeline and circumstances under which masks should be required in these settings should be guided by science, not politics."
— Nathaniel Weixel (@Nathaniel Weixel) 1647380758

After the vote, Paul said the Senate had "sent a message to unelected government bureaucrats to stop the anti-science, nanny state requirement of travel mask mandates."

Despite this strong bipartisan showing, it remains to be seen whether House Speaker Nancy Pelosi (D-Calif.) will take up the measure in the House of Representatives. Even if the repeal were to pass the House, the White House put Congress on notice that the president would veto it.

"The determination of the timeline and circumstances under which masks should be required in these settings should be guided by science, not politics," the White House said in a statement.

White House issues expected veto notice for GOP vote to repeal transit mask mandate: "The determination of the timeline and circumstances under which masks should be required in these settings should be guided by science, not politics."
— Nathaniel Weixel (@Nathaniel Weixel) 1647380758

The repeal vote did not have enough support to overturn a hypothetical presidential veto.

Mask requirements on airplanes are unpopular and have led to incidents where passengers refuse to wear face coverings and, at times, are ejected from flights. According to the Federal Aviation Administration, since January 2021 there have been a record 6,800 unruly passenger incidents reported, the vast majority of which involve are related to face masks.

At a news conference before the vote, Republican senators led by Sen. Roger Wicker (R-Miss.), the ranking Republican on the Senate Committee on Commerce, Science, and Transportation, said the Biden administration's decision to extend the mask mandate doesn't make sense given that COVID-19 restrictions almost everywhere in the country are coming down.

“People can sit shoulder to shoulder in restaurants across the land now, without a mask, they can go to shopping centers, they can go to malls — everywhere but an airport, which looks a lot like a shopping mall to me,” Wicker said, according to Roll Call.

Biden administration will extend transportation mask mandate for another month



President Joe Biden's administration will extend the federal mask mandate on airplanes, trains, buses, and transit hubs for an additional 30 days, according to a White House official and a TSA official. The federal mask mandate was set to expire March 18 but will be extended to April 18.

This will be the fourth extension of the mask mandate for public transit, airports, and train stations. The original federal mask mandate for commercial and public transportation systems was enacted in February 2021 to comply with Biden's executive order to "encourage widespread mask-wearing and physical distancing on public modes of transportation, consistent with CDC guidelines and applicable law."

The Centers for Disease Control and Prevention will work with government agencies over the next month to develop plans for when the mask mandates could be eased or eliminated.

"At CDC's recommendation, TSA will extend the security directive for mask use on public transportation and transportation hubs for one month, through April 18th," the CDC said in a statement.

"During that time, CDC will work with government agencies to help inform a revised policy framework for when, and under what circumstances, masks should be required in the public transportation corridor," the health agency stated. "This revised framework will be based on the COVID-19 community levels, risk of new variants, national data, and the latest science."

On Wednesday, the TSA released tips for people traveling during the busy spring break period.

The first recommendation stated: "Continue to wear a face mask. The mask requirement remains in place and TSA will continue to assess the duration of the requirement in consultation with CDC."

Last month, the CDC issued a guidance that recommended that approximately 70% of Americans did not need to wear face masks indoors. Last Thursday, the CDC stated that roughly 93% of the U.S. population could safely unmask in areas of low COVID-19 infections.

Last week, the Association of Flight Attendants-CWA – the largest flight attendant union in the U.S. that represents more than 50,000 flight attendants – called for the mask mandate on planes to be extended.

"The conditions in aviation are the same," the union told USA Today. "Our youngest passengers do not yet have access to the vaccine. The airplane is a unique, but controlled environment for everyone's safety. The layered approach to safety and security includes masks. Aviation is a world-wide network that harmonizes safety procedures around the world. It’s also critical that we maintain passenger confidence in the safety of air travel."

Trade group Airlines for America, travel industry associations, and the U.S. Chamber of Commerce called on President Biden's administration to repeal the public transportation mask mandate by March 18 or "provide a clear roadmap to remove the mask mandate without 90 days."

"Given travel's slow economic recovery, and in light of the improved public health metrics in the U.S. and medical advancements to prevent the worst outcomes of COVID-19, we encourage the administration to immediately remove travel requirements that no longer fit with the current environment and to set clear timelines and metrics for when others will be lifted," the letter addressed to White House coronavirus response coordinator Jeffrey Zients stated.