BIDEN'S VACCINE MANDATE TEMPORARILY HALTED BY FEDERAL COURT

The state petitions filed so far against the OSHA rule have landed in the 5th, 6th, 8th, and 11th U.S. Circuit Courts of Appeals, each with majorities of Republican-appointed judges. Proponents of the OSHA rule are expected to file in circuits with more Democratic-appointed judges, including the 1st, 2nd, 4th, and 10th. Both the 9th and D.C. Circuit are contested evenly.

The so-called circuit lottery was created by Congress in 1988, establishing a rule that selects venues based on who filed lawsuits first. The Judicial Panel on Multidistrict Litigation manages the lottery process, with rules to select the court “from a drum containing an entry for each circuit wherein a constituent petition for review is pending." Challengers to the rule have a 10-day window to file their petition to be included in the lottery.

But with a swath of Trump-appointed judges in various circuits with more conservative orientations, chances are higher for a ruling against the Biden administration rules.

Historical precedent has shown challenges to OSHA emergency temporary standards have been successful, as OSHA has lost five of six challenges in the past. The 5th Circuit previously blocked four. Regardless of how justices rule on the case in the lower courts, the losing party will likely take their challenge to the Supreme Court.

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https://www.msn.com/en-us/news/politics/trump-judicial-legacy-clear-in-vaccine-mandate-rulings/ar-AAQvulO