On Wednesday, the CDC said it “hasasked DOJ to proceed with an appeal.”

“CDC’s No.

1 priority is protecting the public health of our nation.”

The Department of Justice has sincefiled a notice of appeal, Coley said Wednesday afternoon.

On April 13, the CDCextended the mask mandateto May 3 while it assessed public health conditions.

If the CDC decides an order is still needed after that, the Justice Department will appeal.

The mandate had been extended to May due to the increase in COVID-19 cases driven by theBA.2 sub-variant.