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Each federal appeals court got a single entry in the drawing and the clerk of the Judicial Panel on Multidistrict Litigation randomly selected the Sixth Circuit. (Photo: Diego M. Radzinschi/ALM)

After being selected in a random multicircuit lottery Tuesday, the U.S. Court of Appeals for the Sixth Circuit will hear the consolidated challenges to the Occupational Safety and Health Administration’s emergency rule requiring many private-sector workers to either get the COVID-19 vaccine or be tested weekly.

Dozens of lawsuits are pending in federal courts seeking to block the emergency temporary standard, which the Biden administration has said is necessary to curb the spread of the novel coronavirus and protect workers. Republican-led states, businesses and unions who have filed challenges believe the rule is unconstitutional.

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