Bloomberg Law
Nov. 17, 2021, 9:29 PM

Odds Are GOP-Heavy Panel Hears Shot-or-Test Rule at 6th Circuit

Robert Iafolla
Robert Iafolla

A federal appeals court in Cincinnati could ensure that Republican-appointed judges control the legal challenge to the Biden administration’s vaccinate-or-test rule, making defending the regulation more difficult.

The U.S. Court of Appeals for the Sixth Circuit will host the consolidated case against the emergency regulation after being picked Tuesday in a lottery. The case typically would go before a three-judge panel, which could be composed of a majority of judges who were appointed by Democratic presidents, although that would defy the odds at a tribunal with more than twice as many Republican-appointed jurists compared to those tapped by Democrats. ...

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