I don't understand this strategy. Dueling circuit courts of appeals? I thought an overruling would have to come from a higher court which would be Scotus.
Biden administration asks federal appeals court to immediately lift pause on business vaccine mandate - CNBC - https://archive.ph/1Q8kn
They consolidated all the cases from all the attorneys general, plus the private cases (like the one into the Fifth Circuit), into one and gave it to the Sixth Circuit by lottery. An unusual but not unprecedented procedure.
The Judiciary Branch consolidated them - basically SCOTUS is forcing the case to go through a federal circuit before it reaches them, but only one.
The unions even filed several last-minute cases in lefty circuits to increase the chances that someplace like the Ninth would get to hear the case. Absolute bastards.
Didn't matter, though; they did the lottery with equal chances for each circuit, not each case, and cases had already been filed in every circuit from the state attorneys-general.