Challenges to Occupational Safety and Health Administration’s vaccine-or-test mandate won’t be heard initially en banc by the U.S. Court of Appeals for the Sixth Circuit, a win for the Biden administration which opposed expedited review.

The court voted to deny requests from businesses and GOP-led states asking the full court review the petitions first instead of a three-judge panel, prompting dissents from Judges Jeffrey Sutton and John Bush. The 16-member court has 11 Republican-appointed judges and five Democratic-appointed judges.

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