[AndyJackson]

So is this only arguing the difference in policy between American citizens and illegal aliens?

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.

[piusv]

Thank you.

[MNJohnnie]

Also the 100 employee cut off indicates the lack of a compelling public intrest here as well as an equal protection issue

[Tymesup]

If Brnovich’s argument is that they’re not vaccinating illegal aliens, then what’s to stop them from vaccinating illegal aliens, too?

Perhaps that will deter some of the illegal aliens from coming.