gio, the cdc tonight asking for an appeal. the doj just before we came on the air filed notice already that they will appeal. but of course, we have millions watching tonight in the meantime, bottom line, does anything change for americans planning to traveling in the coming days? >> reporter: so, david, at this point, nothing changes until this is decided by a federal appeals court. and let me read to you what the cdc is saying tonight, just before we came on the air, that it believes this is a lawful order, well within the cdc's legal authority to protect public health, david. >> all right, gio benitez leading us off tonight. gio, thank you. >>> as we've been reporting here, the biden administration carefully weighing this decision. they had said they would wait for the cdc and of course now they've heard. the cdc issuing a statement today, saying they want the appeal, they want their authority preserved if there's another threatening chapter of this virus down the road. so, let's bring in cecilia vega tonight, and cecilia, b

it was recently revealed the cdc was publishing inaccurate data. and adjustment was made to the data tracker's mortality data? march 15th involved the removal of 72,277 deaths including 416 pediatric debts reducing the number of pediatric deaths from covid 19 by 24%. that is what it was. cdc's algorithm was accidentally counting deaths that were not covid 19 related. children were dying at an increased rate during the oma cron surge. what decisions were made about this inaccurate data. who is held accountable for the mistake. it is a very costly mistake. the controversy over the in action with the rejection of a plan to provide rapid tests in time for the christmas holiday. we tried to endure the alienation of the unvaccinated instead of focusing on science driven approach that include vaccination and natural immunity. undermining trust in the vaccine, and the unlawful vaccine mandate on employees of private businesses, on the supreme court. this further increased vaccine hesitancy. the biden administration has been sidelining the science on booster

we had the cdc i think the cdc may be should have acted possibly faster.t have a president we cannot have judicial activism where judges make a decision like this. maybe a judge should decide we shouldn't wear seatbelts anymore. maybe we should have polio vaccines required. >> wait a minute isn't this what we want judges to do to be a check on bureaucratic authority? if not given come to this whole drama of the last two years and think the cdc has a brilliantly handled every decision. >> i think the cdc has done the best job they can but i believe if the president and the administration thought they wanted to date masks back on they would've asked for a stay from a judge and they didn't what they are trying to do i believe is there trying to make sure this is not a pressing of these agencies are not overrun so consistency in the crews industry i can tell you we have been very frustrated with the cdc but i still believe we have to rely on experts. i'm very happy we do not have to wear masks that i can type out a 4-year-old and 2-year-old we are flying i can

the cdc is committed to providing those at increased risk for severe disease with the tools they need to protect themselves. just yesterday, following fda regulatory actions, cdc updated its recommendations to allow certain populations the option of an additional booster to increase their protection against severe disease. as we think about how we manage the next phase of the virus, we must continue to assist with metrics -- which metrics are most helpful to track future disease. the cdc received high marks for measuring and monitoring the covid-19 through communities, called the covid-19 community -- this focuses on prevention efforts, protecting people at high risk for severe disease. in preventing hospital and health care systems from becoming overwhelmed. the cdc also recently unveiled national data. we are tracking more than 750 testing centers across 639 communities. we will increase this to more than 800 sites. with information empowers local and state health officials, with surveillance, test positivity and hospitalizations. in addition, we strive to improve data sharing capab

them ask mandate because of the court order, which we disagree with while he is still abiding by the cdc guidance, we recommend americans do that across the country. they are recommending people where masts on airplanes. >> earlier at airport bars and waiting across the country people ripping off their mass to be heard all over the world shouts of joy. union leaders pushing back on how this plan unfolded this week. >> the way that this was rolled out, this gave no ability for people to understand what the world wants once again and hear the front line workers and others at the airport and caught holding the bag once again. >> the cdc wanted to study them ask mandate until may 30. but the justice department would repeal the florida's judge ruling if the mass are still needed on flights. the airline stories did not say exactly which bags they were talking about. guys. >> carley: thank you very much lucas tomlinson we appreciate it. let's bring in a member of the house oversight committee and house education and labor committee, congressman, great to see you with reaction this move by the c

they are deferring to the cdc on public health issues. those public health issues have much broader policy implications than just on people's health. >> and shannon, has anybody explained to you how they could delay the decision if the cdc isn't involved? >> reporter: i mean it seems that -- i guess based on our reporting at the moment, it is not clear there are plans to delay this. something i'll plan on pressing on in the briefing later today. it is unclear what will happen there. i think, i suppose there is a number of various legal channels they could go to. one of course being potentially that they would need more time to put a system in place to handle this. but it seems like everything is really in flux at the moment and again we're just a few weeks away from the title 42 lifting. >> well, it is pretty obvious to everyone watching that the delay is coming. i guess they need to figure out the rationale to explain. shannon, thank you. >>> still to come, the risks as election analysts continue to move more fid term races closer to the

i think the cdc is not part of the federal government. i feel the cdc has done enough damage. ere is no virus. it is a cold. if you look up covid, it is a common cold. they are hurting people. you are not getting the oxygen you need. i know because i have copd. i put a mask on, i cannot breathe. i think it does more damage. they never found the so-called virus. host: renee in detroit, democratic caller. caller: good morning. i wanted to make a statement. all of these people opposed to the mask ban, what if they had to have surgery and their doctors decided not to wear a mask? would they be offended, then? host: will you continue to wear a mask when you travel? caller: i wear a mask every day. where i work, you can wear a mask if you want to or not. they have even taken out the sanitizers around where i work. not a lot of masks. but yes, i wear my mask. host: what do you do for a living? caller: i really don't want to say. it is a top company i work for. no one wears masks. i wear a mask everywhere, in the store, when i go to the bank. i will continuing my mask because that is m

psaki: i would expect you'll hear from the cdc very soon. d i don't think it's at the end of 15 days, in terms of their expectation and ask for an appeal. reporter: on title 42, you kind of floated congressional action out there and [inaudible] because title 42, i think, was like a key part of the -- in scuttling the negotiations over covid money. and so what i'm trying to, i think -- the question i'm curious in is if you're signaling that sort of willingness by the administration to negotiate over the lifting of title 42 as part of trying to get that covid package across line. and if not, or if so, do you have any sort of update on the strategy? because you were certainly banging the drums about how important it was before congress went away, and they're coming back soon. ms. psaki: we're still banging the drums about the covid money, i promise you. i was just making clear, because i think there's been some confusion about this, that while the cdc has the authority to determine when the conditions exist to lift title 42, that was given to th

the cdc is waving processing and it would be monitored under the alternative detention program. nearly 80% of non-citizens waiting in prosecutorial discretion have either received a notice to appear or are still within their window to report. that is what would happen. the department home security put together a preparedness plan to continue dressing regular migration and its personnel and resources to the border and improving border processing and advancing mitigation efforts in working with other countries to manage migration. those are steps they are taking to implemented it when we get to that point in time. >> now the augustine -- texas governor said -- are you going to help them find a place to stay in something for them to do? >> i'm not aware port authority the governor would be doing that under. it's pretty clear his own office admits submits a microindie to voluntarily be transported and you can't compel them to because again our immigration laws lie within the federal government and not the state. i know that the governor of texas or any state does not have the legal

we only have a minute left but i want to touch on the cdc numbers. the vaccination rate is pretty low for kids 5-11 and this speaks to that. seems like it really makes a difference in terms of a kid's outcome if they were vaccinated. >> no question about it. numbers show the vaccines are working incredibly well in every age, but including the kids. to me, it is not even a close call whether the benefits of the vaccines outweigh the very, very, very small risks. people worry about cardiac involvement but it is very rare. it has almost never landed a kid in the hospital. there have been a fair number of kids who got very sick and i'm still worried about long covid in kids and the ultimate consequences of their infection. people are worried about the long-term effects of vaccine. i am met --ffects of covid. it is not even a close call. kristen: next, the professional businesswomen of cal kristen: abc 7 is a proud sponsor of the professional businesswomen of california conference, coming up in three weeks. joining us is cecilia munoz, one of the keynote s

. >>> first tonight, that florida judge striking down the federal travel mask mandate, saying the cdc overstepped its authority. the decision comes just days after the cdc extended the mask mandate by two more weeks, given the spike in new covid cases across the country, in at least 34 states. but tonight, despite that spike, the white house statement just in, saying masks no longer required on planes. eva pilgrim standing by and mary bruce live from the white house. >>> we're also tracking that 'e the east coast at th dangerous winds, heavy rain, several inches of snow possible in some parts, from the carolinas up to maine tonight. there are alerts in washington, philadelphia, and new york city right now. rob marciano standing by to time this out. >>> the breaking headline from ukraine tonight. president zelenskyy saying russia's new military offensive is now under way. what the pentagon is saying tonight. and it comes amid a deadly 24 hours. a barrage of russian missiles hitting ukraine, including lviv. james longman live from ukraine tonight. >>> here at home, the urgent manhunt to

yet it is a legal ruling based upon the law that jen psaki says we are following the cdc. what is going on? >> dana: well, okay, so, to be perfectly clear, it is like the left believes that the court mandated people not where masts. that is not what happened. as the president says commit as your personal choice. if they do appeal of this and they get to make arguments. if i was in the case saying this mandate oversteps authority, labor do stopped, the judge says that the cdc oversteps its boundaries and not a law that says the cdc was allowed and went too far come up yet congress wants to pass a law that president biden wants to sign it, they are perfectly and the rights to try to do that. but the other thing that is concerning about it, let's say the cdc says, everybody needs to wear the mask to the end of 2022 in the solicitor general loses. now you said a precedent that the cdc does not have authority and so little bit between a rock and a hard place. the president is caught up in this thing where he knows what the answer is. the answer is up to you. that is what he says

so the cdc decides, tells doj you have to seal this. i assume jonathan it's a 30 day notice of appeal to the circuit of appeals? >> they could seek expedited review which one would expect if this is a public health emergency. otherwise, they are on the same track as other cases. look, there are good faith arguments on both sides as to how much discretion an agency like cdc shut have. you also have to keep in mind, cdc has had a series of bad hands. they lost in front of the supreme court on the mandate large employers. they lost on the national moratorium on evictions. those are all reviews where the court said look, you exceeded your authorities. so, they are going back to the table and they are putting more money down. so, this could end up adding to a rather poor record that they have already established in the courts. let's talk about they filed a notice of appeal. effectuate the appeal. shouldn't they or wouldn't think want to have the appeal heard at a time when cases are up as opposed to when cases are down as they are right now?

now the cdc still recommends mask for all travelers. now all this comes as covid-19 cases are once again on the rise drifern by the ba.2 subvariant. nikki battiste will start us off from philadelphia where an indoor mask mandate was just reinstated. a lot of news to get to good evening, nikki. >> norah, good evening. we are just getting some clarity from the administration about that judge's ruling today saying that they are reviewing the judge's order but that for now the ta-- tsa will not enforce the mask mandate on transportation adding that all of this confusion as you mentioned, there is a new mask mandate here in philadelphia that took effect today. that means about 20,000 fans heading too this 76ers game tonight will once again have to mask up. >> you can now fly or ride the buses and trains maskfree. tonight the cdc announced its mask mandate on public transportation is no longer in effect and won't be enforced. the move comes just hours after pay federal judge in florida ruled it was unlawful. today a u.s. district judge said th

the only question here is the cdc's program. if the -- and the cdc's announcement and assessment. gram as long as it's lawful. we don't make the public health determinations that you're speaking of. >> and i understand that. i think that the cdc has put the justice department in an untenable position of arguing one position in one case and a completely conflicting position in another case. but i understand that you don't make the public health determination. >> there's susan collins of maine. we bring in dr. robert redfield from amllc. dr. redfield, good to have you with us. i understand merrick garland's take on we're just trying to figure out the legality of both issues. there's a conflict between these two ideas, is there not? >> i think they confuse the american public. you know, the importance of title 42 when i requested that we institute it was really that we weren't prepared at the border to provide a safe environment for the migrants that were coming across the border. they were basically then being housed in space that didn't allow them to have adequate spacing at a time

bigger, potentially, existential question of whether the cdc has authority to putublic health rules in place in the middle of the pandemic, if that question is still open, as long as this judge's ruling goes unchallenged. what does that mean for doctors and nurses treating patients as a member of covid cases starts to tick back up again. joining us now is dr. craig spencer. he's the director of global health at columbia university urban medical center. he's an emergency room doctor practicing in new york city. he's also a doctor with personal experience with scary contagious diseases. he was the first person in new york city to be diagnosed with ebola back in 2015 after he returned from treating ebola patients in africa. when the covid pandemic in new york city hit in march 2020, dr. spencer was on the front lines treating patients at the worst during that time. dr. spencer, thank you for being back on. >> thank you for having me back on. it's a pleasure. >> so, it seems to me that there's two things to think about in terms of this judge's ruling. one is just the p

we're going to want to watch this carefully, and the cdc is very clear, right? whether they -- right now, whether the authority is in effect or not, their strong recommendation is that people should be masking up on planes. people should be masking up on mass transit. i think they're right about that and that's what we should be doing. >> one last piece of news before we let you go tonight, dr. fauci confirming today that regulators are now considering waiting to authorize both the pfizer and moderna vaccines for kids under 5 at the same time. can you confirm this? and if so, how soon could we see vaccines for children under 5 in this country? >> yeah, the timeline on this has always been driven by when, you know, when we have the evidence and data from the trials, when that information gets submitted, but to the fda and when the fda scientists review it. that's what we should be doing. we should be, i think, guided by that timeline, making sure we do a good evaluation. i don't know when that evaluation will be done, and i believe that as soon as that evaluation

controversy as well over the second booster shot whether to get it. cdctain age in immunocompromised to get it. what you think of that decision? >> well, it was not really based on any compelling data party finally got the data after the fda authorize the second booster produced published tuesday in the new england journal of medicine were not very convincing british if you boost an entire population with a second booster, the added benefit is a very slight one in 42000 people in the population risk reduction in severe illness. not hospitalizations but those who develop real symptoms. that's why the editor of the new ingle under a new england journal set before the committee doesn't see compelling data. fda bypass their own experts to ream through this authorization but it's very odd they gave pfizer more than they applied for. pfizer asked for authorization of 65 is granted for everyone over 50. while they put this through an supersonic speed there still sitting on kovacs and ann novavax's and traditional vaccines. it has better coverage on the omicron s

the cdc says teaming up with the union was routine, congressman. ted an investigation and a hearing was cdc director. what did you find? >> well, one of the things we found is that not only not unprecedented and almost never happens, one of the cdc witnesses we interviewed actually said will be interviewing that it almost never happens but even if it does, maybe they might give you a heads up a few hours before the report came out. we found the cdc gave the union bosses about 12 days in advance of it going public a copy of what the guidance was going to be for opening up schools. we found e-mails we uncovered e-mails between cdc director wilensky in the head of the teachers union. the union said whoa, this isn't good enough it doesn't give us enough power to shut down schools. and by the way here are some suggested changes routine of the cdc almost took it word for word from the teachers union? made the changes, modify the science, and then made it easier to shut down schools. cdc put that in their final guidance. i asked the cdc director, is has an

every reason to believe the cdc recommended justice department go through with this appeal. justice department appeal, a checkmark from the cdc when the cdc was packed down, for sending the mandate to remain. >> it was interesting the justice department came out with a strong maybe. and in terms of what this means and how far the ruling goes. i hate criticizing my old employer and they should have known this was coming out. the mask mandate to expiring any event, the cdc sitting on the decision whether to extend it. the justice department was caught completely flat-footed, and the justice department trying to figure out what the cdc wants to do. the president didn't help if he said whatever you want to do is what we will do. neil: to waive the grounds for an appeal. how much do you do that, a lot of people got the news yesterday, it doesn't go away so fast on top of the confusion. in philadelphia, and other cities. are you prominent at broadway shows in new york, inconsistencies, could reverse itself. don't they way that kind of confusion. >> i wish it wasn't amateur hour ri

here's a statement the cdc put out regarding the decision., quote, it is the cdc's continuing assessment that at this time an order requiring masking in the indoor transportation corridor remains necessary for public health. going on to say the cdc believes this is a lawful order. well, within cdc's legal authority to protect public health. and of course, the outcome of this appeal could have really long lasting effects outside of just this mask mandate and help break it all down. >> what today's news means is said. jessica levinson, she's a law professor at loyola, loyal or other law school in los angeles. >> professor it, that rain has kind of already left the station that it did not. i mean, is this for >> future possible pandemics? >> or this pandemic if it gets worse. so i think your introduction was exactly right in the sense that we're not just talking about what can happen in this particular situation. but the department of justice, i think, is appealing in part because they don't want a trial court ruling, a district court that says

we had the cdc and their scientists made a determination. and it was deeply disappointing to see a court step in and make it the second is it's really important that we reserve the authority of the cdc, the ability of the cdc to be able to reach out in public health crises like this one and protect the american people. >> i think a lot of people are wondering what is so unique about airplanes with their modern filtration systems when we're seeing mask requirements dropped elsewhere. >> yeah, it's a very good question. obviously it's true that airplanes do have good filtration and ventilation. there are a couple of things first, transportation is different remember, you're mixing people from all over the country, all over the world, people sitting next to each other. so if you have spread of infections on transportation, you can get that spread happening nationally very quickly the second issue with transportation, of course, is you sit down next to somebody, if they're coughing, if they're sneezing, you can't get up and move you do not have t

the judge ruled that the cdc's mask mandates went beyond its authority. critics of the ruling say it is the judge who was overreaching. our grant lotus joins us now to break it all down for us. if you should be just talking about is by the minute, try to figure out what to do, what to wear, what county you're and and really nobody. so i should no, we most people didn't see this coming on monday. all the sun are no tsa. >> and you say what? yeah, i thought it just got extended a couple weeks. it was probably going to end in a couple weeks. but now it's there's a whole brouhaha in this judge's ruling. it is certainly controversial not only because of what it does, but because of how the judge arrived at her decision. you have tampa-based u.s. district judge kathryn kimball missiles. she used and interpretive method known as textual to arrive at her decision. the crux of the decision, a dictionary definition of the word sanitation mizelle wrote in her decision, quote, wearing a mask, cleans nothing it neither sanitizes the person wearing the mask nor sanitize

it's the cdc's job to take the heat, whatever may come.sed to ignore politics and focus as best they can on the science. and the white house is supposed to back them up. if the cdc comes and says, you know what, we don't think that we recommend it, on balance, given all of the considerations or we do think that we recommend it, that's what we should be paying attention to. and we already know that half of the people are going to be unhappy with the decision and half of the people are going to be happy with the decision. and that's just a fact of life at this point. >> andy, you recently spoke with the ceo of pfizer. what do you have to say about vaccines for the youngest children? >> well, it sounds like both he and the fda are saying it's going to be june now before we have vaccines for kids 0 to 5, which i think is upsetting news to many parents, understandably so. because we've seen a number of delays. his point was that if it hadn't been for omicron, we would have had a vaccine for kids 0 to 5 by now. but omicron was more complex, made

transport were abruptly ended a federal judge setting the rule's demise in motion yesterday, vacating the cdc mandate, calling it unlawful tonight many health experts point out it may not square with science. an upward tick in covid cases around the country the new freedom to doff face masks on planes, they warn, may also put small children and those with compromised immune systems at risk and now late word the justice department may appeal the judge's ruling tom costello sorts it out for us >> reporter: on delta flight 528 this morning >> you are no longer required on delta airlines to wear the mask so feel free to exercise your freedom this morning. >> reporter: and flights across the country. [ cheers and applause >> reporter: celebration mixed with concern, two years after airlines began requiring masks and 14 months after the white house required them, the mask mandate is now out, struck down by a trump-appointed federal judge who ruled the cdc had exceeded its authority in requiring masks on public transportation in train stations, on planes and in airports, travelers today seemed evenl

the cdc as a hammer, will always see having as a nail. electorate that should choose to make the decisions that affect our economy and our livelihood on a daily basis. that is not the cdc. >> kayleigh: take a look at this. these are the rules for citizen to grow. this is a 2-year-old nonputting on a mask on an airplane. it's very hard to get them to do so. being dragged off the plane. u.s. citizen to roll. let's flip. here is an illegal immigrant coming to the united states of america. they are boston to washington, d.c., where they get to get off a bus. the u.s. citizen 2-year-old, very different than this we get a free ticket essentially to anywhere. >> pete: it's amazing. it has nothing to do with science. at this point, dismiss that completely. the same people who were telling you wait 15 days of the same people telling you it's 15 days to spread. so i think what america needs right now, is a first. i will say this in the military context. at the end of a long week of work at 5:00 p.m. you're standing in formation. you want to be relea

so, now we await word from the cdc. are they concerned enough about these new cases to push for an appeal? abc's gio benitez covers aviation and he has the scenes from flights across this country tonight. >> reporter: just 24 hours after that federal mask mandate was dropped on planes and public transportation, the signs coming down, and more masks coming off. >> i would say like 25% of people were not wearing a mask and it was not a big deal at all. >> reporter: does that concern you at all? that the plane may have people without a mask? >> a little. we're going to wear ours. >> i'm not really that concerned. >> reporter: and after nearly two years of having to referee disputes over masks on board -- some flight attendants are happy to give passengers the option. ♪ throw away your mask in the blue bag ♪ >> reporter: tonight, the cdc is still recommending masks during travel. but the president saying airline passengers should make their own decisions. >> mr. president, should people continue to wear masks on planes? >>

so the doj is trying to reinforce that the cdc has the authority to enforce rules for health. cdc room to continue assessing whether a mask rule is needed, whether it's still unnecessary public health measure. when it comes to the bigger existential question as to whether the cdc has the authority to put health rules in place in the middle of a pandemic, is that questions still open as long as this judges ruling goes unchallenged? and what does that mean for doctors and nurses treating patients as the number of covid cases starts to tick back up again? joining us now is doctor craig spencer. he's the director of global health and emergency medicine at columbia university irving medical center, he's also an emergency room doctor pressing new york city. he's also a doctor with personal experience with scary contagious diseases. he was the first person new york city to be diagnosed with ebola. back in 2014 after he returned from treating ebola patients in africa. with the covid pandemic new york city hit in march 2020, doctor spencer was on the frontlines fighting patients at the

that is what the cdc is recommending. the department of justice has filed the notice of appeal to overturn the federal judge's decision that voided the mask mandate. on monday. the cdc says keeping the mandate is part of its legal authority to protect the public health. but if it appeals court or the supreme court upholds the federal judge's ruling, it could permanently weakened the cdcs authority to respond to future public health emergencies. i think it's bigger than masks. this issue because i think if you take power away from the cdc to control public health issues , then that's not good, but traveler austin durham does not agree and hopes any appeal is unsuccessful. i don't feel like that they should be able to mandate me to do to do that. it is it is my part. it should be a choice for the people that whether they want to wear a mask or not. so for now, this appeal does not change the status of mass on airplanes and in airports. they are not required . they're only strongly recommended, and the mandate cannot be reins

that's the only issue before the cdc. ff message but i think he was channelling what the decision may be. he said look, it is up to passengers whether they want wear masks and that seems to be the way the cdc is going which would mean the department of justice does not appeal and let the mask requirement expires now as opposed to on may 3rd. >> does this have a precedent on the books here? >> well, that's the real argument for an appeal here because the justice department has to be worried that this will be a precedent that limits the ability of the cdc to act in emergencies and other judges have decided this exact issue in a different way. so, there are other precedents out there that the justice department could point to. the risk of not appealing is leaving this ruling on the books and lieaving the flexibility of the cdc in the future. that's the risk the department of justice is willing to take if the cdc thinks it is okay to get rid of masks on may 3rd. >> that could send some sort of a precedent as well. >> and this

[laughter] a federal judge fought the travel mask mandate from the cdc was at the right decision? on planes and as the media react consistently? we put it all together next on "sunday night in america". teeseven will come back to "sunday night in america" the cdc thinks you should wear a mask planes or trains or mass transit but when you voted for the cdc you did not that you do and that is who should make these decisions advocating authority to the cdc as it has advocated its authority and other realms we saw this when the supreme court ruled on regulations for healthcare workers by hhs. and in a perfect world federal judges would not have to decide if masks should be one for public transportation judges are smart but not infectious disease experts errors a reason they went to school in a medical school but more and more issues are put before the courts because those who are supposed to govern do not. the biden administration has decided to appeal that the continued wrath of those who are sick of wearing masks. what about the media reaction to this judges ruling? do you remember

have a lasting effect on the cdc's authority. do you appeal it to you? just leave it there? >> and say, look, it's just one district court judge, where do you peel up to the 11th circuit and then maybe up to the supreme court, as you said, and it comes to a lot of issues. there is a risk of more and more bad decisions if the 11th circuit court of appeals says no, you're right. you really should read the cdc's authority that nearly then its decision upon decision. i'm taylor bisacky reporting kron. 4 news. bar dropped the cdc's mask mandate for all riders. but one bart official is already proposing to bring it back. >> bart board, president rebecca saltzman, talk with us on air yesterday. she says she plans to present a measure to the board next week to implement bart's own mask mandate. >> because there are many riders who need to be protected from covid. so folks who have underlying health conditions who are immunocompromised kids under 5 were still not eligible to get vaccinated, which is i know amazing to some people because va

. >> this all comes after a judge in florida ruled that the mask mandate exceeded the cdc's authority that means that masks are now optional for passengers on flights and other types of transportation across the country. the white house expressing disappointment in the judge's ruling explaining why the matk mandate was scheduled to be in place for at least another 2 more weeks to be able to assess the latest science. >> in keeping with its responsibility to protect the american people. this is obviously disappointing decision. the cdc continues recommending wearing a mask in public transit. >> earlier this afternoon, the justice department said it will not appeal the decision to lift mask mandates on public transportation unless the cdc believes the requirement is still necessary. even though the mask mandate has been lifted, you can still choose to wear masks on public transit. ucsf department of medicine chair doctor bob wachter. >> told us today based on san francisco case numbers right now, if you board a plane with 150 people on it, there's a 95% chance at least somebody on that

. >> the cdc says it still recommends masking. e department of justice yesterday appealed a judge's decision. the judge that struck down the mandate said the cdc was exceeding its authority. as we mentioned, the doj is appealing, but if the government loses that appeal, doesn't that shut down the cdc's public health authority and options in the future? in your view, is that a risk worth taking? >> i think there are a couple of points worth mentioning. first, decisions like how we protect the american people should be decided by public health scientists and not public health agencies -- and by public health agencies and not by judges. their lawyers felt very clearly that the cdc had acted within its powers, and that's why they appealed. the administration and legal experts around the country are confident that the cdc was acting lawfully and that eventually, the cdc will win this case. >> from a public health perspective, if you don't win, doesn't that limit the cdc's authority in the future? >> there's no question it is absolutely

that is a step beyond the cdc guidance. if you're going to see the president, you will be tested that day, even if you're not traveling with him, just going to see him for a meeting. the president's doctor will continue to determine if additional testing is given on any given week. for example because of the travel from a couple weeks ago, he was tested in addition to his regular cadence after he came back. and importantly, as i noted, everyone going to a meeting with any one of the four principles is obviously tested. in addition, for those employees who test positive -- and i can confirm this two times over -- they are required to isolate in alignment with cdc guidance, must return negative before returning to work. that's beyond with the cdc recommends and if they test negative under ten, under ten days they are required to wear a mask for the period of time as r well. and m meetings with the presidet are often socially distanced in many circumstances as additional precaution, even as people are tested. so, there are a nu

supreme court struck down, but it is hard f me to think of a more classic case where the cdc is welllegal and constitutional powers. at airports, preventing the international transmission of a dangerous infectious disease, i would say cdc is at the height of its legal powers. if it cannot do this, i'm not sure what it could do to protect the public's health. william: as we reported, the cdc said given the ruling, the tsa and other ageies will not enforce the ruling anymore. people who want to wear masks can still wear masks. but on a public health level, the cdc had been debating whether or not to drop this requirement anyway before this ruling. we know cases are taking back up somewhat. what is your sense as to how much this will matter as far as full safe? lawrence: let's first talk about the current situation we are in. over the next couple of days, tens of thousands ngasoferseswi e there is chaos and confusion. the airlines don't know what to do, the airline staff don't know what to do. there is likely to be more verbal abuse and physical violence. that is really concerning. i th

moments ago, the justice department filing an appeal at the request of the cdc after a florida judge struck down the mask mandate for planes and other forms of public transportation the cdc saying it's still necessary for public health. what you need to know tonight. >>> also, russia saying it has launched a new nuclear capable intercontinental ballistic missile while in mariupol, the commander there saying they may have only days or hours left the damning new report on the shooting of the set of rust. producers hit with a maximum safety fine. >>> the battle escalating between florida's governor and disney after the company spoke out against the state's so-called don't say gay law. >>> netflix stock tanking after losing subscribers for the first time in a decade could ads and a crack down on password sharing be coming >>> and will prince harry make it back for the queen's platinum jubilee? does he miss his father and the connection he still feels with his mother, princess diana >> announcer: this is "nbc nightly news" with lester holt >>> good evening, everyone we begin with breaking