The Justice Department is retaliating after a federal judge struck down the CDC’s mask mandate for airlines and other forms of public transportation.

The DOJ filed an appeal to overturn that federal judge’s ruling just minutes after a request from the CDC. That federal judge in Florida ended the mandate on Monday, which required face coverings on planes and trains and in transportation hubs.

After this, airlines and airports quickly reeled back their requirements for passengers to wear face coverings. But now that the Justice Department is appealing, that could all change again.

However, an appeal can take weeks or even months to be resolved, and right now it’s unclear if the Biden administration will seek out an emergency stay in the meantime to immediately bring back the mask mandate.

White House Press Secretary Jen Psaki said the appeal is partly to protect the CDC’s ability to issue mandates.

For New Yorkers, the MTA is still requiring riders to keep those masks on. COVID cases are slowly creeping back up around the country including in New York City. City data shows total confirmed cases have increased from 857 cases around this time in March to more than 1,000 this month.