In a 59-page decision, Judge Kathryn Kimball Mizelle, a Trump appointee, declared the mandate — which also applies to airports, train stations, and other transportation hubs — unconstitutional on several grounds, including that the agency exceeded its legal authority under the Public Health Services Act of 1944. The masking order was not in effect for the time being as a result of the ruling, and the Transportation Security Administration would not enforce it, a Biden administration official said on Monday evening.
According to the official, the administration is still reviewing the decision and deciding whether to appeal it, and the CDC continues to recommend that people wear masks in enclosed public transportation settings.
Individual airlines and local transit agencies were left to decide what to do as a result of the ruling, and some began to abandon the policy. On Monday night, United Airlines announced that masks would no longer be required in American airports, on domestic flights, or on some international flights.
"While this means that our employees are no longer required to wear a mask — and no longer have to enforce a mask requirement for the majority of the flying public," the airline said in a statement. "They will be able to wear masks if they choose to, as the CDC continues to strongly recommend wearing a mask on public transit."