November 16, 2021
It’s official. We now know which Appellate Circuit Court will hear the consolidated cases over OSHA’s controversial rule that requires workers at companies in the us with more than 100 employees to either be fully vaccinated or regularly tested by January 4th.
Do you want to know which one it is?
Before I tell you – let me just say, this is a result of the Multi-Circuit Lottery that happened today and was presided over by the Judicial Panel on Multi-District Litigation. If you are confused about the process or who those judges are that made that decision – please go watch the video right before this one.
Also – the legal fate of this OSHA rule does *not* apply to the CMS vaccine mandate nor does it apply to the federal worker and contractor vaccine mandate. Those are completely separate and are being challenged on completely different grounds and moving through their own legal paths. It’s also important to know that even if the osha rule is struck down – it does not stop your employer from choosing to make a vaccine or testing mandate part of your terms of employment. Unless your state says otherwise, your employer can legally still do that.
Now—back to the OSHA case…the appellate court that will hear all these cases – is –
The 6th circuit court of appeals located in Ohio. Here is the order consolidating all the cases into the 6th.
This panel of judges normally reviews federal cases from Kentucky, Ohio, Michigan and Tennessee and the judges currently serving in the 6th circuit were appointed by presidents George W Bush, Clinton, Reagan, Carter, Trump, Obama and Georg HW Bush.
Now all of the cases will be consolidated and transferred into the 6th circuit. There is no hearing date yet.
Read the consolidated order from the Judicial Panel on Multi-district litigation here.
