Learn more about Indiana's Court of Appeals Districtsįrequently Asked Questions About Court of Appeals Judges In cases where there is oral argument, the senior-most judge on each three-judge panel is the presiding judge during oral argument. All members of the Court have statewide jurisdiction.
The Court hears appeals only in three-judge panels, which change three times a year. The three judges in each district select a presiding judge for that district for a term of one year. For more information see Selection and Tenure and Indiana's Judicial Retention System. Each faces a non-partisan retention vote in their district in the first general election following their seating on the Court and every ten years thereafter. The members of the Court choose a Chief Judge, who serves a three-year term.Īll are nominated by the Indiana Judicial Nominating Commission, with final selection by the governor. A fifth such standard was partially vacated.The Court of Appeals has 15 judges, each drawn from one of five Appeals Court districts. The courts have halted or overturned four of the 10 emergency standards issued by the agency prior to the vaccine and testing requirements. Prior to the pandemic, OSHA had not issued an emergency safety standard since 1983. OSHA issued the vaccine and testing requirements through a little-used emergency authority, which allows the agency to shortcut the normal rule-making process if the Labor secretary determines a new workplace safety standard is necessary to protect workers from a grave danger. The Labor and Justice departments have maintained that OSHA acted well within its authority as established by Congress. The White House has repeatedly said the virus poses a grave danger to workers, pointing to the staggering death toll and high rates of transmission in counties throughout the U.S. The Biden administration warned in its response before the Fifth Circuit last week that halting the requirements "would likely cost dozens or even hundreds of lives per day" as Covid spreads. The United Food and Commercial Workers International Union, the AFL-CIO and the Service Employees International Union filed petitions last week.
Labor unions, meanwhile, are suing to expand the requirements to cover smaller businesses. Republican attorneys general in at least 26 states filed lawsuits against the vaccine and testing requirements, as have private companies and major industry groups such as the National Retail Federation, the American Trucking Associations and National Federation of Independent Business. 4 deadline through an extremely expedited review, Tobias said, but the side that loses will almost certainly appeal to the Supreme Court. The judges could issue a ruling before the Jan. Unvaccinated workers must start wearing masks indoors at the workplace beginning Dec. After that date, unvaccinated employees must submit a negative Covid test weekly to enter the workplace. 4 to ensure their staff are fully vaccinated with two doses of Pfizer's or Moderna's vaccine or one dose of Johnson & Johnson's. Under the new mandate - a workplace safety rule from the Occupational Safety and Health Administration - businesses with 100 or more employees have until Jan.
"The party of the appointing president is a rough measure of how any judge might rule in this complex appeal," Tobias told CNBC.
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