Dr. Anthony Fauci this week lamented that masking on public transportation must now be a “personal choice” rather than something forced upon people, making the remarks during an interview with New York’s 1010 WINS.

When asked if the federal government needs to step in “beyond” appealing the court ruling nixing the federal rule for masks on public transportation, Fauci expressed defeat, admitting that there is virtually nothing that can be done at this point in time.

“Since the court has ruled, from a legal standpoint, we really cannot reinstitute a mandate right now,” Fauci said explaining that the U.S. Centers for Disease Control and Prevention (CDC) can recommend people do so, but not much beyond that.

“I don’t think the government, in fact, I’m fairly certain, there’s not much you can do because the court has ruled. So I think clarity should be, there are requirements which can be enforced. In this case it can’t be, because of the court ruling,” he continued, explaining that some people may choose to go the “extra step” and wear a mask.

“So it really will have to be a personal choice right now because of the ruling of the court,” the White House chief medical adviser lamented.

Fauci’s remarks come over one week after a Trump-appointed judge deemed the Biden administration’s federal mask mandate illegal, freeing airline passengers and employees from forced masking.

“It is indisputable that the public has a strong interest in combating the spread of Covid-19. In pursuit of that end, the CDC issued the mask mandate,” U.S. District Judge Kathryn Kimball Mizelle wrote in part, concluding that the mandate “exceeded the CDC statutory authority, improperly invoked the good cause exception to notice and comment rulemaking, and failed to adequately explain its decisions.”

“Because our system does not permit agencies to act unlawfully even in the pursuit of desirable ends, the court declares unlawful and vacates the mask mandate,” she added.

The Biden Department of Justice (DOJ), with the CDC’s blessing, is appealing the ruling.

A Rasmussen Reports survey released last week found that most Americans, 51 percent, believe nixing the mandate was a “good decision.”