Tweet
OSHA Suspends Enforcement of Biden’s Vaccine Mandate... See Post #11
A Quirky Ping-Pong Ball Lottery Just Dealt a Blow to Biden's COVID-19 Vaccine Mandate
A Quirky Ping-Pong Ball Lottery Just Dealt a Blow to Biden's COVID-19 Vaccine Mandate
...The Occupational Safety and Health Administration (OSHA) issued the emergency rule on Nov. 4 and it was almost immediately challenged. More than two dozen Republican-led states, as well as companies, business groups, unions, and religious organizations filed nearly three dozen lawsuits challenging the mandate. While the majority of the lawsuits argued that the government had overstepped its authority, some made the case that the rule didn’t go far enough to protect workers.
In a bad sign for Biden’s mandate, the lottery consolidated all these cases under the Sixth Circuit Court of Appeals, where a majority of the justices have been appointed by Republican presidents. While justices do not necessarily rule along party lines, the judiciary has become increasingly partisan in recent years. Former President Donald Trump appointed a record number of appellate judges during his time in office, with his picks now making up 30% of active appeals court judges. This expanded the conservative majorities of several circuit courts, including the Sixth Circuit, effectively reshaping the judiciary at the highest level below the Supreme Court.
...all the cases will be transferred to the Sixth Circuit, which will hear consolidated arguments anew. A panel of three appeals court judges still has to be chosen, and it could include liberals, but legal experts noted that the Sixth Circuit has more than twice as many judges appointed by Republicans as those appointed by Democrats...
The ping-pong lottery was organized by the clerk at the Judicial Panel on Multidistrict Litigation in Washington, D.C. Federal law requires that the lottery is used when multiple lawsuits challenging a federal agency’s actions are filed in separate courts... Originally, the agency in question chose the circuit that would hear the consolidated cases, and then the rules allowed whoever filed their petition first to choose the circuit. But in order to avoid questions of bias or races to the courthouse, Congress replaced these with a random lottery system in 1988...
All 34 cases will now be transferred to the Sixth Circuit. It’s likely the Justice Department will ask the new court to lift the stay the Fifth Circuit previously put on the mandate, and legal experts say this dispute could end up at the Supreme Court, which has a six-three conservative majority. It’s not clear how the Supreme Court would rule...
In a bad sign for Biden’s mandate, the lottery consolidated all these cases under the Sixth Circuit Court of Appeals, where a majority of the justices have been appointed by Republican presidents. While justices do not necessarily rule along party lines, the judiciary has become increasingly partisan in recent years. Former President Donald Trump appointed a record number of appellate judges during his time in office, with his picks now making up 30% of active appeals court judges. This expanded the conservative majorities of several circuit courts, including the Sixth Circuit, effectively reshaping the judiciary at the highest level below the Supreme Court.
...all the cases will be transferred to the Sixth Circuit, which will hear consolidated arguments anew. A panel of three appeals court judges still has to be chosen, and it could include liberals, but legal experts noted that the Sixth Circuit has more than twice as many judges appointed by Republicans as those appointed by Democrats...
The ping-pong lottery was organized by the clerk at the Judicial Panel on Multidistrict Litigation in Washington, D.C. Federal law requires that the lottery is used when multiple lawsuits challenging a federal agency’s actions are filed in separate courts... Originally, the agency in question chose the circuit that would hear the consolidated cases, and then the rules allowed whoever filed their petition first to choose the circuit. But in order to avoid questions of bias or races to the courthouse, Congress replaced these with a random lottery system in 1988...
All 34 cases will now be transferred to the Sixth Circuit. It’s likely the Justice Department will ask the new court to lift the stay the Fifth Circuit previously put on the mandate, and legal experts say this dispute could end up at the Supreme Court, which has a six-three conservative majority. It’s not clear how the Supreme Court would rule...
Comment