The First State Lawsuit Against Biden's Vaccine Mandate Has Just Been Filed
Arizona Attorney General Mark Brnovich filed a lawsuit against the Biden administration on Tuesday over President Joe Biden’s six-pronged plan to combat COVID-19 that affects over 100-million Americans.
The 15-page lawsuit is the first filed against the requirements in the country.
Several Republican governors immediately vowed to sue the administration when the mandate went into effect, USA Today reported on Friday.
Nearly all Republican-led states — 27 so far — have begun gearing up to fight the mandate, according to The Epoch Times.
“Many of them have vowed to fight the mandate in court, but held back on voicing specific legal strategies as details of the Biden administration’s policy remain unknown,” the outlet reported.
South Carolina Gov. Henry McMaster had an especially colorful response to the mandates last Friday, vowing to fight the administration to “the gates of hell to protect the liberty and livelihood of every South Carolinian.”
Rest assured, we will fight them to the gates of hell to protect the liberty and livelihood of every South Carolinian.
— Gov. Henry McMaster (@henrymcmaster) September 9, 2021
Shortly after Brnovich announced the filing — which deems the mandates “unconstitutional” — he made a statement that summed up the sentiments behind it.
“The federal government cannot force people to get the COVID-19 vaccine,” he said.
“The Biden Administration is once again flouting our laws and precedents to push their radical agenda.”
The federal gov’t 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.
I’ve filed the first lawsuit in the nation against these unconstitutional mandates. https://t.co/N4p7DPe2xX
— Mark Brnovich (@GeneralBrnovich) September 14, 2021
The lawsuit argues the Biden administration’s most recent COVID-19 mandates violated the Equal Protection Act by signaling favoritism toward “aliens that have unlawfully entered the United States” while “showing contempt for actual U.S. citizens” with its mishandling of the crisis on the U.S.-Mexico border.
“[U]nauthorized 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,” the lawsuit pointed out.
The lawsuit provided supporting data.
The lawsuit explained the Department of Homeland Security offers vaccinations to illegal immigrants but they “are not bound by any federal vaccination requirement whatsoever.”
According to a Fox News report, which the lawsuit referenced, 30 percent of all migrants held in federal detention facilities have refused to be vaccinated, despite 18 percent of migrant families testing positive for COVID-19 before the Border Patrol releases them.
Additionally, 20 percent of unaccompanied minors have tested positive for the virus.
The lawsuit also broke down the number of Americans who will be adversely burdened with the new vaccination mandate impositions.
He noted that the 80 million people who work for employers with 100 or more employees, the 17-million healthcare workers, the executive branch federal employees and federal contractors (who must get vaccines without any apparent alternative option for weekly testing), and the nearly 300,000 educators in the federally-funded Head Start program will all add up to about 100 million Americans.
The suit also emphasized how Biden’s recent COVID-19 plan promotes “differential treatment” among the various categories of immigrants and, thus, discrimination.
“Those who illegally enter the United States will not be subject to any vaccination mandate,” the brief stated. “In stark contrast, aliens who go through the legal channels to obtain work visas, lawfully enter the United States, and are employed by a company with more than 99 workers, will be subject to the vaccination mandate.”
The lawsuit also stated that the Biden administration’s recent power grab amounts to “one of the greatest infringements upon individual liberties, principles of federalism, and separation of powers ever attempted by any administration in the history of our Republic.”
The lawsuit equated Biden’s mandates to tyranny.
“Under our Constitution, the President is not a king who can exercise this sort of unbridled power unilaterally,” it said. “And even George III wouldn’t have dreamed that he could enact such sweeping policies by royal decree alone.”
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