The Justice Department announced Tuesday that it will appeal the ruling that lifted the federal mask mandate on planes, trains and transit systems, pending a decision by the Center for Disease Control that the order is still required for public health.

The Justice Department will not, however, ask the court to stay the decision, meaning passengers will be able to continue traveling maskless while the decision is litigated…

“The Department of Justice and the Centers for Disease Control and Prevention (CDC) disagree with the district court’s decision and will appeal, subject to CDC’s conclusion that the order remains necessary for public health,” the DOJ said in a statement.