The U.S. Court of Appeals for the 6th Circuit will decide all qualified lawsuits challenging the Biden administration’s private employer vaccine mandate issued via the Occupational Safety and Health Administration, as determined by a random lottery required by federal law that the U.S. Judicial Panel on Multidistrict Litigation held Tuesday.
ADF attorneys currently represent clients challenging the mandate in the 6th, 8th, and 11th circuits.
The U.S. Department of Justice requested that all of the qualified cases nationwide filed in various federal appellate courts, including four cases in which ADF attorneys represent clients, be consolidated at one circuit. The official process is to choose the circuit via random lottery attended by witnesses, and the 6th Circuit was chosen in this lottery. Federal law requires the lottery upon request when two or more petitions for review are filed in multiple circuit courts on the same legal matter.
“The Biden administration’s decision to mandate vaccines through an OSHA emergency rule is unlawful and compels employers like our clients to intrude on their employees’ personal health decisions,” said ADF Senior Counsel Ryan Bangert. “We are pleased to have two pivotal cases in the 6th Circuit in addition to our cases in other circuits, and we look forward to continuing our litigation to ensure that no private employer is compelled to become an agent of the government for the purpose of forcing their employees into a medical procedure.”
ADF attorneys represent clients in The Daily Wire v. Occupational Safety and Health Administration and The Southern Baptist Theological Seminary v. Occupational Safety and Health Administration, both filed in the 6th Circuit; State of Missouri v. Biden, filed in the 8th Circuit; and State of Florida v. Occupational Safety and Health Administration, filed in the 11th Circuit.