The CDC issued the mask mandate in January 2021, requiring travelers to wear face coverings on planes, buses, trains, and other forms of public transportation. The mandate was challenged in court by a Florida-based airline passenger who argued the CDC had exceeded its authority. The Justice Department had argued the CDC had the authority to issue the mandate under the Public Health Service Act.
The Justice Department’s decision to drop the appeal comes as the CDC has eased its mask mandate for fully vaccinated people in most settings, including on airplanes. The CDC has also said that fully vaccinated people do not need to wear masks outdoors in crowds or in most indoor settings.