Challenges to Biden OSHA vaccine mandate assigned to appeals court in Cincinnati

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A federal judicial panel has assigned the 6th Circuit Appeals Court in Cincinnati to handle over 30 cases filed around the country challenging the Biden administration’s effort to mandate employers force their employees to take the COVID-19 vaccine or get tested weekly.

The appeals court in Cincinnati was randomly selected, but ultimately removes the matter from the 5th Circuit Appeals Court in New Orleans, where earlier this month a three-judge panel blocked the Biden Administration from proceeding with the rule.

It’s not immediately clear which judges on the 6th Circuit will hear the matter.

The Department of Justice said in response to the 5th Circuit decision that it will “vigorously defend” the rules laid out by the Occupational Safety and Health Administration (OSHA), which go into effect Jan. 4, 2022.

Biden speaks about the bipartisan infrastructure bill in the State Dinning Room of the White House, Saturday, Nov. 6, 2021, in Washington.
(AP Photo/Alex Brandon)

“This decision is just the beginning of the process for review of this important OSHA standard,” a spokesperson told Fox News this week. “The Department will continue to vigorously defend the standard and looks forward to obtaining a definitive resolution following consolidation of all of the pending cases for further review.” 

5th Circuit Judge Kurt Engelhardt said concern over economic uncertainty and opposition to a sweeping vaccine mandate meant the stay was in the public’s best interest.

“The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions – even, or perhaps particularly, when those decisions frustrate government officials,” Engelhardt wrote.

At least 27 courts filed challenges in a move to block the Nov. 4 federal vaccine mandate.

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