Challenges to Biden's workplace vaccine rule assigned to GOP-dominated federal appellate court

Joe Biden
(Image credit: John Tully/Getty Images)

The U.S. 6th Circuit Court of Appeals in Cincinnati will hear the collection of lawsuits regarding the Biden administration's requirement that companies with 100 workers or more ensure their workforce is vaccinated or tested for COVID-19 weekly, beginning in January. At least 34 challenges to the Occupational Safety and Health Administration (OSHA) rule plus lawsuits arguing it doesn't go far enough have been filed in all 12 appellate courts, and a lottery drawing on Tuesday gave all those cases to the 6th circuit court.

Under the arcane system, the clerk of the Judicial Panel on Multidistrict Litigation, John W. Nichols, selected a ping-pong ball from a bin, and he grabbed the Cincinnati court's ball. A conservative three-judge panel of the New Orleans–based 5th Circuit Court of Appeals has halted the OSHA rule, and the panel of judges selected from the 6th Circuit can uphold that stay, modify it, or throw it out.

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