Arizona just became the first state to challenge President Joe Biden’s coronavirus vaccine mandate, the Daily Caller reports.
Just as he said he would, Arizona Attorney General Mark Brnovich (R) filed the lawsuit in court on Tuesday. He also released a statement on the matter.
“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.”
“There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border,” Brnovich added.
Outlets who have seen the document that Brnovich filed with the courts report that the attorney general is making this an Equal Protection issue.
Biden’s vaccine mandate applies to companies with more than 100 employees as well as to health care workers who work in facilities that receive federal funding. But, Biden’s vaccine mandate does not apply to post office workers, to Congress, or to illegal immigrants.
Brnovich’s argument is that not holding illegal immigrants to the same standard as Americans, here, is a violation of the Constitution’s Equal Protection Clause.
Whether this is a winning argument or not is unclear. Legal experts have yet to weigh in on the matter.
Ron Klain’s admission
Some legal experts, though, believe that Ron Klain, Biden’s chief of staff, could have already legally doomed Biden’s coronavirus mandate. This is because of a recent retweet from Klain in which he seemed to express agreement with MSNBC’s Stephanie Rule that Biden’s approach to the vaccine mandate “is the ultimate work-around for the Federal govt to require vaccinations.”
We’ll have to see if this comes back to haunt Biden.
In his lawsuit, Brnovich is asking for the court to deem Biden’s coronavirus vaccine mandate unconstitution. Brnovich wants the court to return the power to decide whether or not to get vaccinated against the coronavirus to the people.
It remains unclear how many more states will sue Biden over his vaccine mandate. Many threatened to do so after Biden announced it. Arizona, though, is the only one thus far to follow through on that threat.