President Joe Biden’s Justice Department has filed an appeal to overturn a court’s ruling which found the federal mask mandate unlawful. The move to make Americans start making up again on planes, trains, and buses comes as unruly passenger incidents have dropped to their lowest rates since 2020 when the order was introduced.

The Daily Wire reports:

“The findings in the CDC order likewise provide ample support for the agency’s determination that there was good cause to make the order effective without delay,” the DOJ said in its appeal. “None of the district court’s quarrels with the CDC order comes close to showing that the CDC has acted outside the ‘zone of reasonableness.’”

U.S. District Judge Kathryn Kimball Mizelle in Tampa terminated the administration’s mandate in mid-April, ruling that the mandate “exceeded the CDC’s statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions.”

The ruling said that Court declared the mandate to be unlawful because “our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”

“The Court DECLARES UNLAWFUL and VACATES the Mask Mandate, remanding it to the CDC for further proceedings consistent with this order,” Mizelle ordered. “The Court directs the Clerk to TERMINATE President Joseph R. Biden, Jr., as a Defendant to this action, to ENTER final judgment in favor of Plaintiffs as prescribed in this order, and to CLOSE this case.”

The masking move also comes as Biden feels increased pressure to finally deliver on some aspect of his campaign promises before the midterms. Biden previously promised to put an end to the virus, however, according to The Daily Wire more American have died under Biden’s leadership than with the prior administration despite having multiple vaccines widely available to the public,