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It will now be up to the 6th Circuit to decide whether to lift the stay issued by the 5th Circuit.

The lottery was announced after multiple lawsuits against the administration were filed in several federal appeals courts. In a process resembling a Powerball drawing, a dozen ping pong balls, each representing one court, were placed into a wooden drum on Tuesday.

The 6th Circuit Court of Appeals, based in Cincinnati, Ohio, is known to lean conservative, with most of its judges appointed by Republican presidents. Six were appointed by President Donald Trump and five were appointed by President George W. Bush, while a total of five were appointed by Democratic Presidents Bill Clinton and Barack Obama.

>**It will now be up to the 6th Circuit to decide whether to lift the stay issued by the 5th Circuit.** >The lottery was announced after multiple lawsuits against the administration were filed in several federal appeals courts. In a process resembling a Powerball drawing, a dozen ping pong balls, each representing one court, were placed into a wooden drum on Tuesday. >The 6th Circuit Court of Appeals, based in Cincinnati, Ohio, is known to lean conservative, with most of its judges appointed by Republican presidents. Six were appointed by President Donald Trump and five were appointed by President George W. Bush, while a total of five were appointed by Democratic Presidents Bill Clinton and Barack Obama.

(post is archived)

[–] 2 pts

It's good that the 5th already issued their opinion at least.

[–] 1 pt

Yeah, we’re safe for a bit longer. I wish the 5th would’ve won the lottery though. Now we have to wait to see what judges are picked to hear the case and if they keep the injunction in place.

[–] 2 pts

I wish the 5th would’ve won the lottery though.

For sure.

Although think of how satisfying it will be if the 6th slams the edict too. Liberal tears intensify.

[–] 1 pt

That would be amazing, I have a smidgen of hope, hopefully we don’t get a Clinton/obama appointee, and two bush picks.

If it goes our way and is a sound ruling the scotus can refuse to hear the case and keep the lower courts ruling in place.

But I think we may get some mandate theater from the courts to keep everyone on edge.

[–] 1 pt

Ohsa caved, it won’t go into effect until all litigation is over, so it doesn’t matter if the 6th doesn’t injunction the lawsuits.

https://poal.co/s/CoronaVirus/467936

https://www.natlawreview.com/article/osha-suspends-implementation-and-enforcement-vaccine-mandate-pending-litigation

[–] 0 pt

Isn't it gonna go to the supreme court one way or another?

[–] 1 pt (edited )

Somewhat, they skipped the district court and went straight to the appeals court. If the appeals court rules and it’s all by the book and the majority of scotus agrees with the ruling of the appeals court the ruling stands and sets the precedent. The scotus just refuses to hear the case and they may put out a memo of why they agree with the district/appeals courts ruling

It’s the same if you start at the district court level, if you win/lose, the appeals court may just say, the lower courts ruling stands. Then the losing side appeals to the Supreme Court hoping to get heard and most of the time the scotus basically says the appeals court ruling was correct and the district court was also correct, case closed.

So they’ve skipped one step in the process and now we only have two courts to worry about.