“6th Circuit Denies Initial En Banc Review of OSHA Vaccine-or-Test Mandate; Judge Jeffrey Sutton dissented, saying the case is ‘suitable for an extraordinary procedure'”: Avalon Zoppo of The National Law Journal has this report on today’s order (accompanied by a concurrence and two dissents) of the U.S. Court of Appeals for the Sixth Circuit denying en banc review by an evenly divided vote.
And in other coverage, at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Sixth Circuit Refuses to Hear Challenges to OSHA Vaccinate-or-Test Rule En Banc; A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel.”
And Josh Blackman has a post titled “Sixth Circuit Splits 8-8 on Initial En Banc in OSHA Vaccine Cases; The three judges who did not sign an opinion may be on the three-judge panel: Gibbons, Griffith, and Stranch.”
Posted at 7:58 PM by Howard Bashman