Please don't take this as the final word; it's just one Court of Appeals decision, no matter how vehemently it asserts jurisdiction.
As I explained above in Post 91,553, the special statute covering OSHA Emergency rules anticipated that there would be a contest over where the cases were brought, and required a lottery among the circuits with filed cases to decide which Circuit will decide the case. All twelve Circuit Courts have had cases filed, with those saying the mandate was too broad filing in some and those saying the mandate was too lax filing in others, and the lottery was held yesterday. The Fifth Circuit did not win; the Sixth Circuit (covering Ohio, Kentucky, Michigan, Tennessee) won. The Sixth Circuit, by statute, can modify, affirm or reject the Fifth Circuit's injunction against the vaccine mandate (and likely will, though the Fifth Circuit's opinion did have several good points).
The Sixth Circuit is full of very good judges, easily equivalent to those of the Fifth Circuit. Without getting political, the Sixth Circuit is generally conservative, with more judges nominated by Republican Presidents than Democratic ones. Here are a couple of articles discussing the lottery among Circuits and some of the proceedings:
The ping-pong ball has been drawn, and the U.S. Court of Appeals for the Sixth Circuit is the winner. All of the various state, industry, and union
reason.com
Sometimes federal courts of appeals get to play the lottery. The prize is not millions of dollars, but the chance to adjudicate every challenge to a
www.sixthcircuitappellateblog.com