Arizona first state to sue Biden administration for vaccine mandate

Arizona State sued the Biden-Harris administration for the “blatant” mandate of the coronavirus vaccine, which Arizona Attorney General Mark Brnovich says violates the Constitution’s equal protection clause by discriminating against US citizens because illegal immigrants in federal law enforcement custody are not subject to the same vaccine mandates.

“In summary: Unauthorized aliens will not be subject to any vaccination requirements, even if released directly to the United States … while approximately one hundred million American citizens will be subject to unprecedented vaccination requirements,” he said. Brnovich said in Arizona federal district court in a 14-page filed complaint. “This reflects an unmistakable – and unconstitutional – mark of favoritism in favor of unauthorized foreigners.”

HIDALGO, TEXAS – MARCH 25: A U.S. Border Patrol officer distributes masks to unaccompanied minors after a group of asylum seekers crossed the Rio Grande to Texas on March 25, 2021 in Hidalgo, Texas. A large group of families and unaccompanied minors, mostly adolescents, crossed the border on private property, where border patrol officers took the unaccompanied minors for separate transport. The Biden administration allows minors to stay in the United States, as many families, especially with older children, are being deported. (Photo by John Moore / Getty Images)

The complaint continues:

Specifically, the Biden administration has rejected any COVID-19 vaccination requirements for unauthorized aliens, even those released directly to the United States. Although the Department of Homeland Security (“DHS”) offers vaccination to foreigners it apprehends entering the United States illegally, it does not insist that they be vaccinated, even if they are released in the United States. , rather than being immediately expelled.

The result is that foreigners entering the United States illegally are not bound by any federal vaccination requirements. Their rights to choose whether or not to be vaccinated command the pure respect of the defendants. Those of American citizens: not so much. The same administration that wouldn’t think of infringing on the right of unauthorized aliens to choose to be vaccinated (or not), has no equivalent respect for the rights of citizens of the United States.

Brnovich asked the court to make the warrant unconstitutional. The mandate requires medium and large businesses and federal employees and contractors to be vaccinated. The warrant is executed with a fine of $ 14,000 per offense.

“The Biden administration is once again flouting our laws and precedents to advance their radical agenda,” Brnovich tweeted. “There can be no serious or scientific discussion about containing the spread of COVID-19 that does not start at our southern border. “

Biden’s mandate, announced last week, gives the Occupational Safety and Health Administration (OSHA) the power to enforce the mandate, although it is not known if OSHA has such authority. constitutional to do so.

The warrant has not yet been issued, so precise details remain unclear.

Leftist professor Cass R. Sunstein is a legal mind who doubts OSHA’s authority. He writes:

The basic provision of one of the country’s most important regulatory laws, the Occupational Safety and Health Act (“OSHA”), is not easily distinguished from the hypothetical law. This provision defines an “occupational safety and health standard” as “reasonably necessary or appropriate to provide safe or healthy jobs and workplaces”.

But former OSHA Deputy Assistant Secretary Jordan Barab of the Obama administration has said OSHA may respond to the Biden administration’s auction. “OSHA has never been a beloved agency for Republicans. They have always sued OSHA for interfering with corporate autonomy, ”Barab said.

White House press secretary Jen Psaki said the White House expects OSHA to implement Biden’s mandate. “It will definitely be at a number of private sector companies. Our expectation and hope is that they will take these steps on their own and then we will continue to implement them for those who do not comply, ”she said.

The Associated Press

White House Press Secretary Jen Psaki speaks during the daily White House briefing in Washington on Wednesday, September 8, 2021 (AP Photo / Susan Walsh)

Whether it is this lawsuit or one of the others that will be filed in the coming weeks, some expect some to see their way to the end. to the Supreme Court.

The case is Arizona vs. Biden, and a case number has not yet been assigned to the United States District Court for the District of Arizona.

Follow Wendell Husebø on Twitter @ WendellHusebø

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