Tom Hals

(Reuters) – Lawsuits claiming that the COVID-19 workplace vaccine rule was not implemented by the Biden administration are likely to be consolidated at a federal appellate court in Washington on Tuesday. This will give the government a chance of reviving a blockade rule last week.

The rule is being challenged by more than dozen lawsuits. Employers with less than 100 employees must mandate COVID-19 or weekly testing and face cover when they hire workers.

OSHA, the Occupational Safety and Health Administration, issued this rule. It stated that it would help prevent over 250,000 hospitalizations from COVID-19.

A three-judge U.S. 5th Circuit Court of Appeals panel in New Orleans rejected the rule Friday. They called it a “one size fits all sledgehammer” that fails to take into account differences between workplaces.

On Tuesday however, a federal court panel will select by lottery an appeals court that would oversee all lawsuits. There are thirteen federal appeals court and at least 10 have been challenged by employers, business groups and unions.

According to legal experts, the administration intends to ask any court randomly chosen to reconsider the 5th Circuit decision.

Although the 5th Circuit is known for being one of the most conservative in the country, unions have also challenged it at more liberal places like the 9th U.S. Circuit Court of Appeals San Francisco also puts these courts into play.