Health and Human Services Secretary Xavier Becerra said Tuesday that the Biden administration will likely appeal a federal judge’s ruling that ended the Centers for Disease Control and Prevention’s mask mandate on planes and public transportation.

“We will respect the ruling, but as I say: I’ll respect the ruling, but I’ll follow the science,” Becerra told reporters at a news conference in Nevada. “We are right now in the process of deciding, and we likely will appeal that ruling. Stay tuned.”

Becerra’s comments undercut President Joe Biden’s remarks on Tuesday that Americans’ decision to wear masks is “up to them.”

A Florida federal judge on Monday ruled that the CDC failed to justify its federal mask mandate. In the hours after the ruling went out, numerous airlines and public transportation systems across the country announced they would allow passengers to go maskless.

Becerra in February took his mask off at an event with Biden, just one day after the White House urged Americans to continue wearing masks indoors.

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