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Breaking: Sixth Circuit to Hear Employer Vaccine Mandate Cases


Earlier today, the Sixth Circuit Court of Appeals was selected as the Circuit that will hear the challenges to the Biden Administration’s large scale employer vaccine mandate.

As previously noted, there have been a host of lawsuits filed in various parts of the country in an effort to stop the implementation of the large scale employer vaccine mandate that was set to go into effect on January 4th.  Late last week, the Fifth Circuit Court of Appeals issued a permanent stay on the vaccine mandate.  However, the Court wrote that it could be lifted by another Circuit.

That brings us to today’s development.  As there are several cases pending around the country dealing with this vaccine mandate, the Justice Department was charged with conducting a random section of one Circuit in which the cases would be consolidated and heard.  That random selection was done as any “gambler” might like...via a lotto ball drawing.  Note, this is not abnormal.  This is the way it is decided which Circuit will hear a group of consolidated cases.

While opponents of the mandate were hoping a conservative Circuit, such as the Fifth Circuit, would hear the matter and proponents of the mandate were holding out hope that a liberal Circuit like the Ninth Circuit would get it, the Sixth Circuit turned out to be the winner today.

Of course, there are no guarantees how things will play out in the Sixth Circuit but the Sixth Circuit tends to have a more conservative skew.  If I were a betting man, I would expect the Fifth Circuit’s stay will remain in place and an eventual ruling by the Sixth Circuit striking down the mandate will eventually be issued.  With that being said, the U.S. Supreme Court will likely weigh in on the matter once the Sixth Circuit acts.  Hold on tight, things are just getting started.


For additional information:  https://www.google.com/amp/s/amp.cnn.com/cnn/2021/11/16/politics/vaccine-mandate-osha-lottery/index.html

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