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Any such stay may thereafter be modified, revoked, or extended by a court of appeals designated pursuant to paragraph (3) with respect to that order or by any other court of appeals to which the proceedings are transferred.īut it isn't clear to me that the D.C. 2112(a)(4) provides:Īny court of appeals in which proceedings with respect to an order of an agency, board, commission, or officer have been instituted may, to the extent authorized by law, stay the effective date of the order. Circuit could stay the Fifth Circuit's temporary stay. Under the plain terms of the statute, the D.C. To make things simple, I'll assume the case is directed to the D.C.
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At that point, all pending challenges to the OSHA rule will be consolidated to a single circuit court. Accordingly, the Court should not consider any request for permanent relief at this juncture.Ĭirca November 16, the judicial panel on multidistrict litigation will hold a lottery. That language, the provision's structure as a whole, and principles of fairness and orderly presentation of arguments, all demonstrate that courts are not to resolve these challenges conclusively during the ten-day period prior to consolidation. The multi-circuit judicial review provision contemplates-at most-"stay"the Standard's"effective date" that stay "may there after be modified, revoked, or extended"by the court hearing the 6 cases.
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138,142-143(1973) (per curiam) (judicial review is focused on "the administrative record"). shall file the record in the court of appeals designated.") see also Camp v. The government notes that one group of petitioners filed an opening merits brief seeking a permanent injunction but that this Court's November 8 letter confirms that the brief is "premature." It would, of course, be improper to fully adjudicate pending petitions before the multi-circuit lottery occurs or the administrative record is filed. This Court's November 6 Order directed the government to "respond to the petitioners' motion for a permanent injunction." Because the pending motions seek preliminary relief, the government understands that order to distinguish petitioners' requested relief from the interim, administrative stay entered by the Court. And the government opposed the prospect of the court entering permanent relief. A permanent injunction.ĭOJ filed its brief. The panel also ordered the government to "respond to the petitioners' motion for a permanent injunction by 5:00 PM on Monday, November 8." Not a preliminary injunction. On Saturday, a Fifth Circuit panel entered a temporary stay of the OSHA Vaccine mandate.