![]() The court to handle the consolidated case initially will be selected via a lottery scheduled for Tuesday. Republican attorneys general, business groups, unions, and others that sued in individual courts-more than 30 petitions have been filed-must follow multi-circuit procedure for their challenges to be included. ![]() The Fifth Circuit is one of 12 federal appeals courts that could end up hearing a consolidated case against the Occupational Safety and Health Administration’s temporary shot-or-test rule for large employers. 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. Court of Appeals for the Fifth Circuit trashed the rule in its opinion issued Nov. 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.
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