A GOP-dominated court has been picked at random to consider the fate of President Biden's mandate that larger employers require workers to be vaccinated. Republican-led states, businesses and conservative groups are challenging the rule.
FILE - President Joe Biden speaks about COVID-19 vaccinations after touring a Clayco Corporation construction site for a Microsoft data center in Elk Grove Village, Ill., Thursday, Oct. 7, 2021. The fate of Biden’s vaccine mandate for larger private employers may come down to a lottery that determines which federal circuit court will consider the matter.
The challenges, along with some from unions that said the vaccine mandate didn’t go far enough, were made this month in 12 circuit courts. Under an arcane system, it was up to the clerk of the Judicial Panel on Multidistrict litigation to select a ping-pong ball from a bin to choose where the cases would be heard.It was a favorable outcome for Republicans. Eleven of the 16 full-time judges in the 6th Circuit were appointed by Republican presidents.
“We did see a concerning spike starting in 2018 that led us to wring our hands,” Larsen said in an interview. In all, 34 objections have been filed in all 11 regional circuits plus the one for the District of Columbia. That’s where the ping-pong balls came in to play. The employer vaccine mandate is higher profile and further reaching. It calls for businesses with more than 100 workers to require employees to be vaccinated by Jan. 4 or wear masks and be tested weekly for COVID-19. Exemptions are provided for religious reasons and for those who work at home or only outdoors.
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