WASHINGTON (AP) — The Justice Department is filing an appeal seeking to overturn a judge’s order that voided the federal mask mandate on planes and trains and in travel hubs, officials said Wednesday.

The notice came minutes after the Centers for Disease Control and Prevention asked the Justice Department to appeal the decision handed down by a federal judge in Florida earlier this week.

A notice of appeal was filed in federal court in Tampa.

The CDC said in a statement Wednesday that it is its “continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for the public health.”

It remained unclear whether the Biden administration would ask the appeals court to grant an emergency stay to immediately reimpose the mask mandate on public transit. An emergency stay of the lower court’s ruling would be a whiplash moment for travelers and transit workers. Most airlines and airports, many public transit systems and even ride-sharing company Uber lifted their mask-wearing requirements in the hours following Monday’s ruling.

A federal judge in Florida had struck down the national mask mandate for mass transit on Monday, leading airlines and airports to swiftly repeal their requirements that passengers wear face coverings. The Transportation Security Administration said Monday that it would it will no longer enforce the mask requirement.

The CDC had recently extended the mask mandate, which was set to expire Monday, until May 3 to allow more time to study the BA.2 omicron subvariant, which is now responsible for the vast majority of U.S. cases. But the court ruling Monday had put that decision on hold.

The CDC said it will continue to monitor public health conditions to determine if a mandate would remain necessary. It said it believes the mandate is “a lawful order, well within CDC’s legal authority to protect public health.”

Justice Department spokesman Anthony Coley said Wednesday night that the department was filing the appeal “in light of today’s assessment by the CDC that an order requiring masking in the transportation corridor remains necessary to protect the public health.”

Biden’s administration has offered mixed messages in the wake of the Monday ruling. While officials said Americans should heed the CDC’s guidance even if it was no longer a requirement, Biden himself suggested they had more flexibility on masking-up during transit.

“That’s up to them,” Biden declared during a Tuesday visit to Portsmouth, New Hampshire. The White House nonetheless continues to require face coverings for those traveling with him on Air Force One, citing guidance from the Centers for Disease Control and Prevention.

White House press secretary Jen Psaki said Wednesday that Biden still is encouraging Americans to wear masks when traveling and that he had been “answering the question quite literally” a day before.

“People are not legally bound to wear masks,” she said, after the court order. “So, it is a point in time where it is up to people — it is their choice, in that regard.

After a winter surge fueled by the omicron variant that prompted record hospitalizations, the U.S. has seen a significant drop in virus spread in recent months, leading most states and cities to drop mask mandates.

But several Northeast cities have seen a rise in hospitalizations in recent weeks, leading Philadelphia to bring back its mask mandate.

The appeal drew criticism from the U.S. Travel Association, which along with other industry groups had been pressuring the Biden administration for months to end the mask mandate for travel.

“Masks were critically important during the height of the pandemic,” said Tori Emerson Barnes, the group’s executive vice president of public affairs and policy, “but with low hospitalization rates and multiple effective health tools now widely available, from boosters to therapies to high-quality air ventilation aboard aircraft, required masking on public transportation is simply out of step with the current public health landscape.”

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WASHINGTON (AP) — Attorney General Merrick Garland directed U.S. attorneys across the country to swiftly prioritize prosecution of federal crimes that happen on commercial flights as federal officials face a historic number of investigations into passenger behavior.

Garland’s memo, issued Wednesday, emphasizes that the Justice Department is committed to aggressively prosecuting violent passengers who assault crew members or endanger the safety of other passengers. Federal law prohibits interfering with a flight crew, including assaulting, intimidating or threatening crew members.

In a statement, Garland said such passengers do more than harm employees. “They prevent the performance of critical duties that help ensure safe air travel. Similarly, when passengers commit violent acts against other passengers in the close confines of a commercial aircraft, the conduct endangers everyone aboard,” he said.

The memo also notes that dozens of incidents have been reported to the FBI by the Federal Aviation Administration — it investigates some flight disturbances and can issue civil fines to disruptive passengers — as part of an “information-sharing protocol” between the two agencies.

The FAA said earlier this month that it had launched 950 investigations into passenger behavior on flights this year. That is the highest total since the agency started keeping track in 1995. In the five years from 2016 through 2020, the agency averaged 136 investigations a year.

The agency also said that it had referred 37 cases involving unruly airline passengers to the FBI for possible criminal prosecution since the number of disruptions on flights began to spike in January.

“The unacceptable disruptive behavior that we’re seeing is a serious safety threat to flights, and we’re committed to our partnership with the DOJ to combat it,” FAA Administrator Steve Dickson said.

Airlines and their unions have pressed the federal government to push more aggressively for criminal prosecution. Airlines have reported more than 5,000 incidents involving unruly passengers this year, with more than 3,600 of those involving people who refused to wear face masks as required by federal regulation.

“The Department of Justice is committed to using its resources to do its part to prevent violence, intimidation, threats of violence and other criminal behavior that endangers the safety of passengers, flight crews and flight attendants on commercial aircraft,” Garland said in the statement.

The international president of the Association of Flight Attendants-CWA, AFL-CIO, Sara Nelson, also applauded Garland’s announcement.

“Consequences need to be swift and clear to keep travel safe and protect the people on the frontlines who have worked through all the stresses of this pandemic,” Nelson said in a statement. “We want to take people to New Orleans, Seattle, Fort Lauderdale, or to see Grandma. We do not want to take them to jail. But, the DOJ can now make it clear that’s where you’re going if you refuse to cooperate and act out violently on a plane.”

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