The Justice Department said Tuesday it would appeal a federal district judge’s ruling that ended the nation’s federal mask mandate on public transit if the Centers for Disease Control and Prevention believes the requirement is still necessary.

In a statement released a day after a Florida judge ended the sweeping mandate, which required face coverings on planes and trains and in transit hubs, Justice Department spokesman Anthony Coley said officials believe that the federal mask order was “a valid exercise of the authority Congress has given CDC to protect the public health.” He said it was “an important authority the Department will continue to work to preserve.”

Coley said the CDC had said it would continue to assess public health conditions, and if the agency determined a mandate was necessary for public health, the Justice Department would file an appeal.

— Associated Press

During a brief trip to New Hampshire on Tuesday to promote an infrastructure project, President Joe Biden was asked by reporters whether passengers should continue to wear masks on airplanes after a federal judge overturned the CDC’s mask mandate on airlines and in airports, mass transit, and taxis.

“That’s up to them,” Biden said.

When asked if his administration would appeal the ruling, Biden told reporters he hadn’t yet spoken to the CDC about the decision.

On Monday, White House Press Secretary Jenn Psaki said the Biden administration still recommends that people wear masks on public transit and called the judge’s decision “disappointing.” Psaki told reporters that the Department of Homeland Security and CDC were “reviewing” the mandate.

“The Department of Justice would make any determinations about litigation,” Psaki said.

— Rob Tornoe

SEPTA’s decision to make masks optional on its system Monday night came after several hours of discussions among the agency’s executives and board members in a series of phone calls, officials said.

Social and broadcast media carried images of passengers on airliners cheering and pulling off their masks mid-flight after a federal district judge’s order to void the national mask mandate for public transportation. All major airlines announced mask-optional policies, though customers would have to obey local rules at airports. Some transit agencies, such as the MTA in New York, said they’d keep a mask mandate.

In the end, SEPTA’s executive team and board members decided it would be impractical to keep a rule that in effect, no longer existed, officials said — even though the agency itself likely has the legal authority to require masks. They also described having concerns employees would be in a precarious position asking passengers to mask up once it became widely known that the federal mandate was no more.

Another consideration: Philadelphia reinstated its mask mandate for indoor spaces earlier Monday, the first major city to do so.

SEPTA consulted with the city health department and the two city representatives on the agency’s board during its deliberations and kept them informed as executives reached their decision, spokesperson Andrew Busch said.

As a state authority, SEPTA’s leaders believed they are on solid legal ground in diverging with the city’s mandate on its system. And, Busch said, the authority operates trains, trolleys, and buses in the five counties of southeastern Pennsylvania.

Officials concluded that also would make it confusing for passengers and employees, he said. After all, the Market Frankford Line travels through the city and into Delaware County, with its terminus at the 69th Street Transportation Center in Upper Darby. Some trolley lines span both counties, and multiple bus routes shift from the city’s jurisdiction through suburban municipalities.

But SEPTA announced its own employees working in offices, depots, and maintenance shops in the city would be required to wear masks in those settings.

In a statement late Tuesday afternoon about the transit agency’s decision to not require masks inside stations and concourses, a city spokesperson said: “We are evaluating the implications of this latest ruling and will provide further clarity around masking on transit in Philadelphia when available. This ruling does not impact the City’s mask mandate for certain indoor places.”

— Tom Fitzgerald

Pennsylvania Acting Health Secretary Keara Klinepeter will step down Friday and be replaced by Physician General Denise Johnson, Gov. Tom Wolf announced late Monday afternoon.

Johnson, an obstetrician who became physician general in March 2021, will be the fourth person to head the Pennsylvania Department of Health since the start of the COVID-19 pandemic.

She will take over at a time when the state has shrunk its role in the pandemic response, with no mandates or restrictions imposed on the public and no recent major changes in strategy. This month, the Department of Health ended its weekly email updates on the state of the pandemic, replacing them with monthly updates, and announced it would soon stop updating its online COVID data dashboard daily, instead updating weekly.

“The pandemic has changed many aspects of public health here in Pennsylvania and nationwide,” Johnson said in a statement. “I am honored to the lead the department during this transformative time in public health.”

» READ MORE: Pennsylvania will get its fourth health secretary in two years

— Justine McDaniel

At the United Airlines ticketing and check in lines, few walked through the sliding doors without a mask.

Emmanuel Bandakpara, a student and group home worker from New Castle, Del., said he would be wearing his mask on his flight to his native Sierra Leone via United Airlines, one of the major airlines to drop its masking requirement on Monday.

COVID-19 isn’t over, people who are vaccinated and boosted can still get the illness, and he doesn’t know where others have been, Bandakpara said.

He’s been masking steadily for two years — sometimes not even aware he’s masking in the car. He knows people are tired of masking and wish they could just relax.

For William Pohlhaus, who is immunocompromised, being in a plane with recirculated air is nerve-wracking.

“I know there’s a large population that’s unvaccinated. And, you know, I don’t want to see anyone get COVID or get hurt,” he said.

Traveling to Houston, the Villanova University IT professional said he would be wearing a mask on the plane as a precaution.

“I’m still kind of processing it, so I don’t know,” he said.

The Media resident says he’s not confused by the different masking rules.

“It’s kind of just par for the course. Right? I mean, you go to a place that says put on a mask, you put on a mask,” Pohlhaus said. “You go to a place that says you don’t need a mask, then that’s your option, right? So I don’t find it confusing at all.”

Julie Fowler, a Panama City Beach, Fla., resident visiting her family in Philadelphia, thinks it’s about time for things to open up and for more people to have choice regarding masking.

“I think we’re pretty good at this point,” the HR professional said. “We’ve done our precautions all year. We’ve done our six feet. We’ve done our hand sanitizer.”

Fowler wasn’t wearing a mask in the terminal, but had one in her bag ready if anyone made a fuss. She wasn’t too worried the restrictions were being lifted.

“I’m ready to get back to normal,” she said. “It should be a choice at this point in time.”

— Marina Affo

Uber and Lyft are no longer requiring riders or drivers to wear masks after a federal judge struck down the face covering requirement for public transportation.

Uber was the first ride-share company to update its safety policy on Tuesday, dropping the mask rule and once again allowing riders to sit in the front seat if needed.

Hour later, Lyft followed Uber’s lead and announced that masks are now optional. The company also said that riders and drivers can use the front seat and no longer have to keep the windows open.

Riders and drivers can cancel rides in they feel uncomfortable, Lyft said, but “health and safety concerns” will no longer be listed as a reason for canceling in the app.

» READ MORE: Masks are no longer required in Ubers or Lyfts

— Erin McCarthy

Commuters at bustling transit hub 30th Street Station shared a mix of opinions Tuesday on the city’s mask mandate and the recent change to SEPTA and Amtrak rules.

Claudette Kellam, who was waiting for a train to North Carolina, was wearing a surgical mask and said she felt more at ease when she saw other commuters wearing them too. Since the start of the pandemic, Kellam has worn masks and fears the recent rise in COVID hospitalizations.

“I feel more comfortable,” said Kellam. “I think it needs to be stricter.”

Craig Fainstein, of Charlotte, N.C., was traveling with his wife and two daughters after an educational tour of Philadelphia. The family, who was set to visit Washington, D.C., also said they felt fine about wearing masks and they’d abide by the federal rules and recommendations of the CDC.

As they waited for their train, the family members all donned masks.

“We’re for it,” said Fainstein. “I think it’s better for society.”

Jacqueline Herndon was happy to hear that masks were now optional, saying she often thought of robberies when seeing people wearing masks. She thought whether someone wore a mask or not should be up to them.

Tess Leighton and Koh McGinn, two local high school seniors, weren’t aware of the change to SEPTA and Amtrak’s rules, and were wearing masks. As they waited for their train to Washington, D.C., they didn’t see the masks as too much of a nuisance.

“I just assumed you had to wear a mask,” said Leighton. “And it’s not a big deal.”

At the entrance to the Regional Rail tracks, the hurried crowds were a mix of people wearing surgical masks, cloth masks, N95s, and others who had none.

For Michelle Hughes, who had taken a SEPTA train from the Philadelphia International Airport after landing from Boston, said it was a mix on the train too. Hughes herself did not wear a mask but said she was “open” to individual’s opinions on whether to wearing one.

“I just think it’s whatever everyone’s comfort zone is,” she said.

Obed Koshy and Rini Oommen, two international students who attend Drexel University, were used to traveling and wearing masks frequently. The two — both wearing masks — thought it was a necessary precaution and planned to keep wearing masks even though the SEPTA rules have changed.

“I think masks are protection for yourself,” said Koshy.

“Masks are the only thing separating us from COVID,” said Oommen.

— Rodrigo Torrejón

If COVID-19 cases and hospitalizations continue to rise, Philadelphia could once again require restaurant and bar patrons to show proof of vaccination to dine indoors.

Philadelphia was averaging 243 COVID-19 cases a day over the past seven days, a 60% increase over the past 10 days, according to an Inquirer analysis of the most recent available city data. As of Tuesday, there were 82 patients hospitalized with COVID-19 — 11 on ventilators — according to the Pennsylvania Department of Health, an increase of 86% over the last week.

Philadelphia’s COVID-19 response level would need to reach the “caution” phase for the city to once again mandate vaccinations for indoor dining. For that to happen, two or more of the following must be true:

The city declined to comment if the vaccine mandate could return. While both cases and hospitalizations remain far below pandemic peaks reached during the omicron surge, Philadelphia’s recent numbers have been high enough to trigger the mask mandate.

— Rob Tornoe, Jason Laughlin, and John Duchneskie

Masks are no longer required on PATCO, the agency announced Tuesday.

“PATCO encourages its customers to make decisions that are in their best interests and customers who wish to continue wearing face masks are welcome to do so,” the agency said in a statement.

New Jersey Transit is also doing away with its mask mandate, Gov. Phil Murphy announced Tuesday.

— Rob Tornoe

Philadelphia International Airport will still require travelers to wear masks in all terminals due to the city’s indoor mask mandate.

Even while some airlines no longer require masks on planes, a spokesperson said in a statement that an emergency regulation adopted by the city’s Division of Aviation requires masks be worn in all airport terminals and premises “by passengers, Division of Aviation staff and other airport workers.”

The airport has free masks available for anyone who needs one, the spokesperson noted.

On Monday, a federal judge in Florida struck down a national mask mandate on airplanes and mass transit, causing airlines and airports across the country to repeal their mandates on masks.

Despite the judge’s ruling, the Centers for Disease Control continued to recommend masking on transportation. But in her ruling, U.S. District Judge Kathryn Kimball Mizelle said the CDC failed to justify its decision to keep and extend the mask mandate.

— Rob Tornoe

SEPTA will no longer require riders to wear masks, and face covering will be optional in stations and concourses, the transit agency announced Monday night.

The decision was in response to a federal judge ruling earlier Monday against the national COVID-19 mask mandate covering airlines and other public transportation.

SEPTA spokesperson Andrew Busch said in an email: “Effective immediately, masks are not required on SEPTA vehicles and in stations and concourses. This applies to both customers and employees in these spaces. Per CDC and TSA guidance, SEPTA continues to recommend masking on the system.”

The federal ruling and SEPTA’s decision came as Philadelphia reinstated its mask mandate for indoor public spaces, citing rising COVID case counts. That means fans were required to wear masks as they watched the 76ers playoff game against the Toronto Raptors at the Wells Fargo Center on Monday night, but could ditch their masks for the subway ride home.

Busch added: “Additionally, please note: In accordance with the City of Philadelphia’s mask mandate that went into effect today, all SEPTA employees working inside SEPTA offices, districts and shops within Philadelphia must continue to wear masks until further notice.”

» READ MORE: SEPTA lifts mask requirement for riders after federal court ruling

— Robert Moran

Moderna hopes to offer updated COVID-19 boosters in the fall that combine its original vaccine with protection against the omicron variant. On Tuesday, it reported a preliminary hint that such an approach might work.

Today’s COVID-19 vaccines all are based on the original version of the coronavirus. But the virus continues to mutate, with the super-contagious omicron variant — and its siblings — the latest threat.

Before omicron came along, Moderna was studying a combination shot that added protection against an earlier variant named beta. Tuesday, the company said people given that beta-original vaccine combination produced more antibodies capable of fighting several variants — including omicron — than today’s regular booster triggers.

While the antibody increase was modest, Moderna’s goal is to produce a combination shot that specifically targets omicron. “These results really give us hope” that next step will work even better, said Jacqueline Miller, a Moderna vice president.

Tuesday’s data was reported online and hasn’t been vetted by independent experts.

» READ MORE: Moderna announces step toward updating COVID-19 shots for the fall

— Associated Press