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How many people can legally contest a given mandate at the same time in the United States? A lot of companies intend to legally contest the vaccine mandate that was announced by Biden. I am wondering if judges are allowed to reject some legal contests if too many individuals are contesting it.

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  • I don't know if there is a limit specified by law; I suspect not. But the normal response to many similar claims is to consolidate them into a single case, or to certify the case as a class action. For challenges to a law as unconstitutional, consolidation is the more usual route. Indeed I am not sure if there can be a class action against the government in such a case.
    – David Siegel
    Sep 11, 2021 at 3:30
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    Could you please cite a source, perhaps a published news story, for "A lot of companies intend to legally contest the vaccine mandate that was announced by Biden"
    – David Siegel
    Sep 11, 2021 at 3:32
  • @Fizz, The US Supreme Ciurt can, and not too infrequently does, overturn its own past fecisi0ons. Presumably any such challenge would seek rto overturn or distinguish Jacobson v. Massachusetts. And after all, the mandate upheld in Jacobson was a local one, authorized by state law, and the decision stressed state power.
    – David Siegel
    Sep 11, 2021 at 3:51
  • I added some sources, but they do not really show that "many" companies plan to challenge these proposed mandates. Sources that show this would be helpful.
    – David Siegel
    Sep 11, 2021 at 4:03
  • @David Siegel In a Fox News appearance, Harmeet Dhillon has claimed that she has a number of clients seeking to challenge this mandate. I believe it was on 9/9/21. I don't know how much credibility to attach to the claim. I know that Fox News is considered controversial, so I do not want take a side one way or another.
    – grovkin
    Sep 11, 2021 at 6:10

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As many parties as have standing. The First Amendment protects the right to petition for redress of grievances, so any limitation on that right would be highly disfavored.

When there's a rush of cases like this, though, there are a few option for dealing with them. For instance, a plaintiff may seek class certification, permitting him to stand in for similarly situated parties so they don't need to litigate themselves, or a court may consolidate the cases if they are sufficiently similar.

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