A GOP-appointed majority of federal appeals judges will determine the fate and destiny of the President Joe Biden’sThe White House has questioned the viability of the vaccine-testing requirements that private companies must comply with, while denying the existence of an important policy it says is vital to fighting the spread of the virus. Covid-19.

Two dozen cases challenging Biden’s policies were consolidated by the U.S. Court of Appeals, Sixth Circuit. Past presidents George W. BushAnd Donald TrumpPresidents were appointed to 11 out of 16 bench judges. Bill ClintonAnd Barack ObamaNominated five

Although the case against the Biden administration will be heard by a panel of three judges, it is highly likely that the Supreme Court will ultimately decide the matter.

The Fifth Circuit U.S. Court of Appeals had already delayed testing and vaccine requirements as it reviewed their legal status. The opinion of Judge Kurt D. Engelhardt was issued on Friday. It stated that the policy was “fatally flawed” raising serious constitutional issues.

The Biden administration however, filed on Tuesday a request to the multidistrict lawsuit panel for consolidation of the lawsuits through random selection.

Now, the Sixth Circuit will decide whether or not to stop the new safety rule for workplaces from the Occupational Safety and Health Administration.

At least 26 Republican Attorney Generals filed suits against the testing and vaccine requirements. Private companies as well as major industry organizations such as the National Retail Federation and the American Trucking Associations have also brought suit against the requirement.

Labor unions have been suing for the expansion of the requirement to include smaller companies. Last week petitions were filed last week by the United Food and Commercial Workers International Union and AFL-CIO.

In its last week’s response to the Fifth Circuit, the Biden administration stated that stopping the regulations “would likely mean dozens of or even hundreds more lives per day” because Covid is spreading. White House repeated its concern that Covid poses grave threat to workers. It cited the shocking death tolls and high transmission rates across the U.S.

Labor and Justice Department maintained OSHA was acting within the limits of its power as set by Congress.

Under the policy, businesses with 100 or more employees have until Jan. 4 to ensure their staff are fully vaccinated with two shots of Pfizer or Moderna’s vaccines or one of J&J’s. To be permitted to work, employees who have not been vaccinated must submit a Covid test every week. Beginning Dec. 5, unvaccinated workers will need to wear masks in the office.

OSHA has issued the testing and vaccine requirements via a rarely used emergency authority. This allows OSHA to bypass the usual rulemaking process in the event that the Labor secretary deems it necessary to establish a new workplace safety standard to protect workers from grave danger.

OSHA didn’t issue an emergency safety measure since 1983 prior to the pandemic. Four of the 10 OSHA emergency safety standards that were issued before the vaccination and testing requirements have been rescinded by courts. One fifth standard of this nature was partly vacated.

CNBC spoke with David Vladeck of Georgetown University as a professor in law. He said that the Supreme Court has a high probability the case will be heard by him, which is dominated conservatively.