DOJ Moves to Merge Challenges to Biden’s Vaccine-or-Test Rule

Nov. 8, 2021, 5:26 PM UTC

The multiple legal challenges to the Biden administration’s rule requiring employers to mandate Covid-19 vaccination or regular testing will be considered by a single, randomly selected appeals court, the U.S. Department of Justice said Monday.

The Occupational Safety and Health Administration notified the Judicial Panel on Multidistrict Litigation of the 12 challenges filed in the Fifth, Sixth, Seventh, Eighth, Eleventh, and D.C. circuits. The panel is expected to hold a “multi-circuit lottery” on Nov. 16 to assign the consolidated cases to any one of those federal appeals courts.

Federal law requires agencies to notify the panel when one of their ...

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