Biden Vaccine-or-Test Rule’s Future at Stake in Court Lottery

A federal appeals court’s opinion freezing the Biden administration’s “fatally flawed” emergency rule on workplace Covid-19 vaccination and testing shows what’s at stake in the coming multi-circuit lottery to determine what court will review that contentious regulation.

The U.S. Court of Appeals for the Fifth Circuit trashed the rule in its opinion issued Nov. 12. The all-Republican, three-judge circuit panel deemed the regulation illegal and probably unconstitutional, suggested it was conceived in bad faith, and focused on its economic costs while underplaying its potential benefits and the pandemic’s toll.

The Fifth Circuit is one of 12 federal appeals courts that ...