Skip to comments.Arizona AG Sues Biden Administration Over COVID-19 Vaccine Mandate
Posted on 09/14/2021 1:54:25 PM PDT by MNJohnnie
Arizona filed a lawsuit against the Biden administration’s sweeping COVID-19 vaccine mandates that affect federal employees, most healthcare workers, and employees at numerous private businesses—likely the first lawsuit that was filed against the policies.
“The federal government cannot force people to get the COVID-19 vaccine. The Biden Administration is once again flouting our laws and precedents to push their radical agenda,” Attorney General Mark Brnovich, a Republican, said in a statement on Tuesday.
In a lawsuit that was filed in the U.S. District Court of Arizona, Brnovich’s team contrasted the new mandates against the lack of COVID-19 vaccine rules for illegal immigrants who enter via the U.S.-Mexico border, where there has been a surge in encounters since Biden took office.
Biden last week made the announcement regarding vaccine mandates for private businesses with 100 or more employees, all federal employees and contractors, and healthcare workers at facilities that receive Medicare and Medicaid funding. The private employees can either get the COVID-19 vaccine or submit to weekly testing, according to the White House plan.
“Many of us are frustrated with the nearly 80 million Americans who are still not vaccinated, even though the vaccine is safe, effective, and free,” Biden said in a speech last week, explaining why the mandates are necessary.
But the Arizona lawsuit argued that Biden’s plan violates the Equal Protection Clause by allegedly favoring illegal aliens who have entered the United States over U.S. citizens.
“Although the precise contours of the federal vaccination mandates are not yet clear, the violation of the Equal Protection Clause is already evident and egregious,” the brief stated. “In a nutshell: unauthorized aliens will not be subject to any vaccination requirements even when released directly into the United States (where most will remain), while roughly a hundred million U.S. citizens will be subject to unprecedented vaccination requirements.”
As a result, Brnovich’s team argued, the administration’s policies display an “unmistakable” and “unconstitutional” bias “in favor of unauthorized aliens.”
Meanwhile, the suit also cites a Twitter post from an MSNBC contributor, Stephanie Ruhle, that was shared by White House chief of staff Ron Klain on Sept. 9 that Biden’s order targeting private businesses was the “ultimate work-around” for the federal government to mandate vaccines.
“The inadvertent admission in the preceding paragraph makes all of the administration’s actions constitutionally suspect,” Brnovich’s suit said. “These other violations will be the subject of future challenges.”
The lawsuit asks the court to declare unconstitutional the administration’s allegedly discriminatory vaccine policies regarding illegal aliens and U.S. citizens as well as permanent residents. It also seeks an injunction against the White House implementing the mandate, arguing that any vaccine requirement for citizens and permanent residents should be applied to illegal aliens.
Other Republican attorney generals and governors have said they would file lawsuits against the Biden administration after the mandate was announced.
Have the Cyber Ninjas gotten over their Covid colds?
Attorney General Mark Brnovich is working hard for that Senate seat currently held by Scott Kelly (D).
While I am not much of a fan, things like this just may propel him into that seat.
That’s Mark Kelly, and our elections are thoroughly fixed here.
Let me guess, no standing.
So is this only arguing the difference in policy between American citizens and illegal aliens? Or is this saying it’s also unconstitutional to mandate these vaccines on the American people ....period?
You’re right. Hell I live here too. I guess I confused Scott Kelly with his totally forgettable brother, Mr Gabby Giffords.
As a non-AZ resident but one interested in its politics, what don’t you like about Brnovich?
File as many lawsuits on as many grounds as possible. That way they cannot sweep them all into one case and one ruling
Time our side learn how to wage lawfare on the Left.
This is not good enough. Red States needs to quit doing business with corporations that are firing employees for being unvaccinated. The Dems want black lists. We can give it back in spades.
Not many alternatives available
I would have like to have seen an OSHA hook as well (forcing DOJ to defend Jacobson as de novo); but the regs haven't even been set, so Brnovich had to work with what he had.
Pick a few companies. Make examples of them. The rest will get the message. There’s just never any price to be paid for big business supporting the progressive agenda. That is why nearly all “American” corporations play for Team China now.
No. It's a different attack. Rulemaking must be "reasonable." There must be a rational basis for the decision. Saying it's an emergency and everyone needs to be vaccinated, but then excluding illegal aliens, is to make a distinction that is unreasonable, demonstrating that there is no emergency and that the rule is really about political pandering.
First one. See how many follow
I expect the cheap dress in SD to fold.
I also expect the ice queen of Iowa to do things quietly. She is on the list of people you REALLY don’t want to have take a negative interest in you.
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