Fifth Circuit Judges Face Not Yet Undone Airline Fee Rule

The Justice Department asked the full US Court of Appeals for the Fifth Circuit to vacate a Biden-era rule requiring airlines disclose additional fees for items like checked bags upfront, even as officials are preparing to pull back the regulation.

That tension over the administration litigating a rule that it plans to revoke was apparent throughout Wednesday’s en banc arguments in New Orleans, with the judges trying to nail down exactly what officials want them to do.

“Do you want us to just throw it out and move on?” asked Judge Catharina Hayes.

Brian Springer, a DOJ attorney defending the ...