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6th Circuit to Oversee Lawsuits of Employer Vaccination Mandate

November 16, 2021 by Dan McCue
A man gets a COVID-19 vaccine at a mass vaccination site at the Natick Mall in Natick, Mass. (Matt Stone/The Boston Herald via AP, Pool)

WASHINGTON — The 6th U.S. Circuit Court of Appeals will preside over all litigation stemming from the Biden administration’s decision to require companies with at least 100 employees to mandate COVID-19 vaccinations or weekly testing, the U.S. Judicial Panel on Multidistrict Litigation announced Tuesday. 

The conservative-leaning court based in Ohio was chosen by a pingpong lottery on Tuesday.

Now, all litigation over the employer vaccine mandate will be consolidated and heard by an as-yet unnamed three-judge panel on the court.

Although the 6th Circuit has twice as many judges appointed by Republican presidents than appointed by Democrats, the selection, however random, represents something of a middle ground when it comes to the nation’s 12 circuit courts.

Republicans and hardcore conservatives no doubt would have preferred the cases land in the staunchly conservative 5th Circuit, a court that upheld the controversial Texas abortion law currently before the Supreme Court and another ruling that threw out a key provision of the Affordable Care Act.

Those on the other end of the political spectrum were likely hoping for the famously liberal 9th Circuit to get the case.

Dan can be reached at [email protected] and at https://twitter.com/DanMcCue

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