The state of Arizona has sued the Biden-Harris Administration over its “horrible” coronavirus vaccine mandate, which Arizona Attorney General Mark Brnovich claims violated the Constitution’s Equal Protection Clause by discriminating against U.S. citizens by illegal immigrants in the custody of federal law enforcement. same vaccine.
“In a nutshell: unauthorized aliens will not be subject to any vaccination requirements, even if they are released directly into the United States… 14 pages,” Brnovich told a federal district court in Arizona. filed complaint. “This reflects a clear and unconstitutional nepotism in favor of unauthorized aliens.”
The complaint continues:
Specifically, the Biden Administration denied any COVID-19 vaccine requirements for unauthorized aliens, including those released directly into the United States. Although the Department of Homeland Security (“DHS”) recommends vaccinations to foreigners it catches entering the United States illegally, it does not insist that they be vaccinated, even if they are released to the United States rather than deported immediately.
As a result, aliens crossing illegally into the United States are not subject to any federal vaccination requirements. Their right to choose to be vaccinated or not requires the sheer respect of Defendants. Those of US citizens: not much. The same Administration that does not dream of violating the right of unauthorized aliens to choose whether or not to be vaccinated (or not) shows no equivalent respect for the rights of United States citizens.
Brnovich asked the court to make the post unconstitutional. The mandate challenges mid-to-large businesses and federal employees and contractors to get vaccinated. Duty is enforced with a $14,000 fine per violation.
“The Biden Administration is once again ignoring our laws and precedents to push their radical agenda,” Brnovich said. tweeted out. “There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t start at our southern border.”
The federal government cannot force people to get the COVID-19 vaccine.
The Biden Administration is once again ignoring our laws and precedents to push their radical agenda.
I filed the first lawsuit in the country against these unconstitutional orders. https://t.co/N4p7DPe2xX
— Mark Brnovich (@GeneralBrnovich) September 14, 2021
Biden’s mandate, announced last week, gives the Occupational Safety and Health Administration (OSHA) the power to enforce the mandate, though it is unknown whether OSHA has such constitutional authority.
The task has not yet been given, so the exact details remain unclear.
Left-leaning professor Cass R. Sunstein NS A legal mind that doubts OSHA’s authority. He is writing:
The Occupational Safety and Health Act (“OSHA”), a key provision of one of the country’s most important regulatory statutes, is not easy to distinguish from hypothetical law. This provision defines an “occupational health and safety standard” as “reasonably necessary or appropriate to provide safe or healthy places of employment and employment”.
But Jordan Barab, former OSHA deputy secretary of the Obama administration said OSHA can make the Biden administration’s proposal. “OSHA has never been a popular institution for Republicans. They always went after OSHA because it interfered with institutional autonomy,” said Barab.
White House press secretary Jen Psaki stated The White House expects OSHA to carry out Biden’s mandate. “Of course this will depend on a number of private sector companies. Our expectation and hope is that they will take these steps on their own, and we will continue to implement them for those who do not comply.”
Disputes over the constitutionality of exclusion of illegal aliens, and the legality of OSHA’s power to enact this regulation, are expected to eventually settle, whether in this lawsuit or other lawsuits to be filed in the coming weeks. to the Supreme Court.
case Arizona v. Bidenand has not yet been assigned a file number in the U.S. District Court for the District of Arizona.
Follow Wendell Husebø on Twitter @ WendellHusebø