The Justice Department said Tuesday that it stood ready to appeal the ruling — issued Monday by a Trump-appointed federal judge in Florida — but that it would do so only “subject to the CDC’s conclusion that the order remains necessary for public health.”

That was met with surprise at the Centers for Disease Control and Prevention, which an hour later issued its own statement that did not clearly say whether the health agency wanted the Justice Department to pursue the appeal. The CDC had been reviewing whether to lift the mask order before the court killed it…

“While it’s highly tempting to appeal a very dubious ruling like this, there is a risk in doing so,” Slavitt said. “If they appeal and lose, the CDC could end up powerless to take some basic public health precautions in the event of a surge in cases in the fall or winter.” With a slew of Trump-appointed judges, he said, that concern had to weigh on them.