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U.S. Calls for Three-Judge Panel in Shot-or-Test Litigation (2)

Nov. 30, 2021, 1:31 PMUpdated: Nov. 30, 2021, 8:56 PM

The Biden administration asked a federal appeals court in Cincinnati to allow a three-judge panel to consider the legal challenges to its Covid-19 shot-or-test rule, rather than break with that normal procedure in a way that would likely make the measure harder to defend.

The administration told the U.S. Court of Appeals for the Sixth Circuit late Monday that it should reject petitions requesting that the court’s full complement of active-status judges review the emergency rule. Several states with Republican attorneys general, the Republican National Committee, various companies and other groups have pressed for what’s known as “en banc” review, ...