The Department of Justice will appeal the ruling on the travel mask warrant

Despite more than 37,000 new cases a day, up 45 percent from the start of the month, hospitalizations remained stable during that period, according to the CDC.

On Monday, a Florida judge issued a sweeping ruling arguing that the agency cannot legally impose travel masks both because the judge made an exception to the definition of masks as a form of hygiene, and because it said it did not it was within the authority of the agency to do so.

The CDC said in a statement Wednesday that it believes its mask rule is “lawful” and “well within the legal authority of the CDC to protect public health.”

The agency said it will continue to “monitor public health conditions” to determine if the mandate of the mask remains necessary and recommended that people continue to wear masks on internal public transport.

Josh Gerstein contributed to this report.