On Tuesday, Arizona took the step of suing the Biden administration over its new vaccine mandate, saying that the rule, which in part requires businesses with over 100 employees to make their employees get vaccinated for COVID-19, is unconstitutional because it doesn’t require inoculation for migrants crossing into the U.S. through the southern border.
The suit was filed in the U.S. District Court of Arizona by Republican Attorney General Mark Brnovich (R), who said that the rule showed “unmistakable” favoritism for illegal immigrants over America’s own citizens.
“The federal government cannot force people to get the COVID-19 vaccine,” Brnovich said in a statement after the suit was filed, according to the Daily Caller. “The Biden Administration is once again flouting our laws and precedents to push their radical agenda. There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border,” he added.
“Under our Constitution, the President is not a king who can exercise this sort of unbridled power unilaterally,” the attorney general wrote in the complaint, which names President Joe Biden and several top administration officials as defendants. “And even George III wouldn’t have dreamed that he could enact such sweeping policies by royal decree alone.”
Governors vow to act
The mandate was announced by President Biden on Thursday, and requires vaccination or weekly testing for all employees whose companies employ more than 100 workers. At the same time, Biden also mandated vaccines for millions of federal workers and contractors, removing the option for weekly testing from those government employees.
Several GOP governors and state attorneys general have said they plan to take legal action against the mandate, and most are still reviewing their legal options.
“[Biden,] see you in court,” South Dakota Gov. Kristi Noem (R) tweeted immediately after Biden’s remarks, according to the Daily Caller.
“Biden’s historic overreach on vaccine mandates will not stand in Missouri,” Missouri Attorney General Eric Schmitt tweeted. “We’re at a crossroads in America — who we are and what we’re going to be. We must fight back.”
Is Biden’s mandate constitutional?
Director of the Stopping Socialism Project at the Heartland Institute Justin Haskins argued in a recent op-ed for The Hill that Biden’s mandate is clearly unconstitutional, even if he tried to justify it by going through the Occupational Safety and Health Administration, or OSHA.
The Constitution does not give a president the authority to regulate health or mandate any health law for private individuals, Haskins said. That power is given to the legislature only, or to the states which have any power not given to the federal government.
“Nothing in the Constitution suggests that the executive branch can impose blanket vaccine regulations on private businesses or their employees,” Haskins wrote, adding that if Biden is allowed to get away with this mandate, it will embolden future presidents to abuse their federal power as well.
Indeed, the Supreme Court must act to curb Biden’s abuse of power and put him in his place to stop gross federal overreach from becoming the norm in this country, or we can look forward to a lot more of the same.