THE MASK MANDATE'S FUTURE IS (STILL) UNCERTAIN — The Justice Department says it will appeal a federal judge's decision striking down a mask mandate for public transportation with one big "if" — the Centers for Disease Control and Prevention must deem the mandate necessary for public health. That might seem a given for the public health agency, but officials are divided over whether to fight for a requirement that was already ending in early May and is fast losing political support. Detractors also expressed concerns about the fallout if the government were to lose an appeal, Sarah reports with POLITICO's Adam Cancryn, Erin Banco and David Lim. The Justice Department ultimately punted to CDC after hours of deliberation. That puts a testy decision with public health officials while consensus grows among White House and public health officials that an appeal would be impractical, two people with knowledge of the deliberations told POLITICO. Biden officials are cautiously optimistic about coronavirus trends: Despite roughly 35,000 new cases a day, up 40 percent from earlier in the month, hospitalizations have remained flat during that period. Still, Biden officials and people familiar with the matter say there's internal anxiety over whether whittled-down mitigation measures are premature in the face of new subvariants and several case surges, including one among Washington, D.C., elites. "There's no question we're at a crossroads," said one senior administration official granted anonymity to speak freely on internal deliberations. "No one knows yet whether hospitalizations are going to rise; that's what everyone is waiting to see." And there's anxiety about tools left to combat the pandemic. Congress has yet to clear new funding to continue buying vaccines, treatments and tests. In recent days, White House Covid-19 response coordinator Ashish Jha has also stressed the need to find ways to accelerate the distribution of antiviral pills, privately lamenting that doctors are still being too cautious in prescribing them, according to a person familiar with the matter. What's next: State and local health officials are proceeding with a patchwork of masking policies that public health experts worry will leave Americans confused and more frustrated. Already, policies within cities vary about whether to wear masks on planes, trains and automobiles that serve as public buses, as our transportation colleagues Tanya Snyder, Oriana Pawlyk and Alex Daugherty report. "Leaving this decision in place is dangerous," said Wendy Parmet, faculty co-director at the Center for Health Policy and Law at Northeastern University. "Whatever you think about mask mandates, this decision isn't saying that mask mandates are a bad idea. … This is a decision that says CDC cannot impose mandates — no matter what. So imagine the next variant that has a 50 percent mortality rate and the vaccines don't work." CDC LOOKS INTO THE FUTURE — The Centers for Disease Control and Prevention launched a new center on Tuesday that will try to improve the government's ability to predict and respond to future infectious disease outbreaks, Krista writes. The CDC compares the Center for Forecasting and Outbreak Analytics to the National Weather Service. They say the new team will use data to "model and forecast disease spread and severity;" work with federal, state and local officials to develop a response; and inform authorities and the public about its findings so people can decide how to respond. The CFA would provide transparent information about disease outbreaks to the American public, whose faith in the agency's ability to manage Covid-19 has been dwindling, said CDC officials. White House Covid czar Ashish Jha cast the rollout as a chance for the government to reset its improvised pandemic response. "The response from our leadership — our public health leadership — has been to scramble, to pull together evidence and try to make the best decisions we can," Jha said during a White House summit on pandemic preparedness Tuesday. "And I would argue we've done a pretty good job. But it's also been really clear that is no way to run a response to a pandemic. "That's what this center begins to do, both for this pandemic and for future ones." OMICRON HIT UNVACCINATED KIDS HARDER — A new study published in the CDC's Morbidity and Mortality Weekly Report found that hospitalization rates among unvaccinated children ages 5 to 11 during the Omicron wave were twice as high as vaccinated kids. About 20 percent of kids who were hospitalized were admitted to an intensive care unit. Researchers found that Black and Hispanic unvaccinated children comprised half of the hospitalized kids. Diabetes and obesity were associated with increased risk for severe Covid-19, and a third of the children admitted to hospitals had underlying neurologic disorders. Why it matters: Vaccine uptake in 5- to 11-year-olds has been extremely slow. Nearly 70 percent of children haven't received even one dose of the vaccine after it was approved for use in the age group in November. The disproportionate impact on Black and Hispanic children also throws into sharp focus the need for federal, state and local public health officials to improve outreach and vaccine access for communities of color even two years into the pandemic.
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