The mandatory vaccine for employees of large and medium-sized companies ordered by the Joe Biden government and now discussed in court faces an uncertain future, which could depend on which court ends up ruling on the issue.
Republican officials from 27 states, businesses, and various business and conservative organizations went to court shortly after the government released details of its November 4 emergency measure. Several unions followed suit, although arguing that the order does not go far enough.
It is expected that all this will be consolidated in a single case, to be resolved by a single court.
The court where these lawsuits are resolved could determine whether the order is approved or annulled, in a reflection of the politicization of the judicial apparatus in recent years. The New Orleans 5th Circuit court of appeals put the order on hold.
Allison Orr Larsen, a professor at William & Mary Law School, was one of the authors of a study published this year according to which court decisions have an increasingly political tone.
“We noticed an increase (in the politicization of the courts) starting in 2018,” Larsen said in an interview.
The growing politicization of a branch of government that is supposed to be outside politics, however, is seen in the judges appointed by the presidents of both parties.
Some federal courts veered to the right when Donald Trump was president and Republicans controlled the Senate, which is the one that confirms the appointments of judges. Trump appointed 54 circuit court justices, the last rung before the Supreme Court. This represents almost 30% of circuit courts, in which cases are often decided by three judges.
Republican state attorneys general and conservative organizations filed their lawsuits in circuit courts controlled by conservative judges, while unions went to circuits with more judges appointed by Democratic presidents.
In total, 34 objections were filed in 11 regional circuits and another in the District of Columbia.
Federal law stipulates that when the actions of a federal agency are questioned, that agency can request that all complaints be consolidated in a single case. Any of the circuits where the lawsuits were filed can be chosen to resolve the case.
This selection is made by lottery.
The uproar revolves around a government order that any company with at least 100 employees require its staff to be vaccinated by January 4 or wear masks and undergo weekly COVID-19 tests. Exemptions are allowed for religious reasons and for those who work from home or outdoors.
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Mulvihill reported from Cherry Hill, NJ. Mark Sherman contributed from Washington.
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