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Its power, other courts, determined the biden administration did have authority to make these mandatory to address paubl health crisis so i think the doj had no choice but to challenge this given how sweeping it with was, and how sudden it was and how quickly it changed the policy that had opinion put in place by the cdc. >> all right. so now, to the process. i mean, there seems to be a lot of confusion here over the white house' response to this, which took several days. what do you make of their appeal? the way it sort of went about? and maybe, crucial, twl they will seek emergency order to ...

Doj to proceed requewith an app. it is cdc continuing assessment at this time, a record requiring masking in the indoor-transportation corridor remains necessary for public health. now, cdc also says here, that they are going to continue to monitor pibl-health conditions as it relates to the necessity of this mask mandate going forward but what is really interesting here is the cdc is plaining on two fronts. on the one handle, they are saying look, we believe the conditions in the country make it necessary for this mask mandate to still be standing, for travelers to be wearing masking on plane...

Of new variant, of a more -- more -- manufore serious or upt in cases again, the cdc wants to attain that legal authority, to be able to reinstitute that mask mandate, if necessary. jeremy diamond, cnn the white house. >> all right. for more on this, let's bring in cnn legal ab list, areva martin joins us from los angeles. areva, thanks so much for being here with us. on the appeal, first off, does the doj have a shot here? after all, it would be heard in the relatively conservative 11th circuit, right? >> yeah, that is definitely one consideration, john. but what we do know is that there have...