Bloomberg Law
Nov. 16, 2021, 9:14 PMUpdated: Nov. 16, 2021, 10:22 PM

Sixth Circuit Wins Lottery to Weigh Biden Shot-or-Test Rule (1)

Robert Iafolla
Robert Iafolla

A federal appeals court in Cincinnati has won the lottery to handle the consolidated case challenging the Biden administration’s emergency regulation requiring large employers to mandate that their workers either get vaccinated against Covid-19 or test regularly.

The case will go to a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit, a federal panel on multidistrict litigation announced Tuesday. The majority of judges in that circuit were appointed by Republican presidents.

While the Sixth Circuit won the random draw, the lottery doesn’t necessarily end the jockeying over which court will ultimately hear the case. ...

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