Biden Shot-or-Test Rule to Get Standard Three-Judge Review (1)

A federal appeals court in Cincinnati will allow a three-judge panel hear the legal challenge to the Biden administration’s contentious Covid-19 shot-or-test rule, leaving open the possibility that a Democratic appointee-dominated tribunal rules on that emergency regulation.

The U.S. Court of Appeals for the Sixth Circuit on Wednesday rejected petitions seeking initial review of the measure by the court’s full complement of active-status judges, which is composed of 11 Republican appointees and five selected by Democratic presidents. Twenty-seven states with Republican attorneys general, the Republican National Committee, and other challengers sought full court review.

The three-judge panel will be drawn ...