You’re really splitting hairs there, and you’re incorrect. The cases heard across multiple circuits were consolidated through a lottery that the Sixth Circuit won. As a result, the Sixth Circuit dissolved the Fifth Circuit’s stay on the OSHA mandate and it was applied across the United States. There’s plenty of literature on this already, and precisely why the Sixth Circuit’s order overruled the Fifth Circuit’s because the lottery process is designed as such. Per the Sixth Circuit’s ruling:
“ Pursuant to our authority under 28 U.S.C. § 2112(a)(4), we DISSOLVE the stay issued by the Fifth Circuit for the following reasons.”
You’re really splitting hairs there, and you’re incorrect. The cases heard across multiple circuits were consolidated through a lottery that the Sixth Circuit won. As a result, the Sixth Circuit dissolved the Fifth Circuit’s stay on the OSHA mandate and it was applied across the United States. There’s plenty of literature on this already, and precisely why the Sixth Circuit’s order overruled the Fifth Circuit’s because the lottery process is designed as such. Per the Sixth Circuit’s ruling:
“ Pursuant to our authority under 28 U.S.C. § 2112(a)(4), we DISSOLVE the stay issued by the Fifth Circuit for the following reasons.”
How do you square your description of Chevron deference with Justice Scalia's majority opinion in City of Arlington v. FCC?