The Sixth Circuit Court of Appeals won the “lottery” selection as the court to decide the constitutionality of OSHA/Biden Administration vaccination mandate or weekly tests for employers with 100 or more employees.
Lawsuits challenging the rule came in quick succession. Within 10 days, 34 lawsuits were filed, covering all 12 regional circuit courts and giving each of those courts one entry a the lottery to determine which Circuit Court would resolve the issues. In a process resembling a Powerball drawing, a dozen ping pong balls, each representing one court, were placed into a wooden drum on Tuesday. The winning ball was drawn in Washington, D.C., by a selector from a judicial panel that oversees multidistrict litigation.
PEO Compass will continue to update you as matters develop. In the meantime, click on the link below to read more about the ongoing litigation over this issue.