Biden Shot-or-Test Rule in the Hands of Three Mystery Judges

December 17, 2021, 10:45 AM UTC

The identities of the three appellate judges who will decide whether to lift an order blocking the Biden administration’s Covid-19 shot-or-test rule remains shrouded in mystery, although their Cincinnati-based court provided some clues in a recent decision.

Thirteen of the 16 active-status judges on the U.S. Court of Appeals for the Sixth Circuit wrote or signed on to concurring or dissenting opinions regarding the court’s Wednesday ruling to allow a three-judge panel to hear the challenge to the rule. That has fueled speculation that some or all of the three jurists who didn’t opine are on the tribunal that’s considering ...

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