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Arizona AG Mark Brnovich Suing Biden Admin Over COVID Vaccine Mandate

Arizona AG Mark Brnovich Suing Biden Admin Over COVID Vaccine Mandate

Brnovich describes the mandate as “one of the greatest infringements upon individual liberties, principles of federalism, and separation of powers ever attempted by an American President.”

Arizona Attorney General Mark Brnovich announced he is suing the Biden administration over the COVID vaccine mandate on federal employees and businesses with over 100 employees.

Brnovich describes the mandate as “one of the greatest infringements upon individual liberties, principles of federalism, and separation of powers ever attempted by an American President.”

Brnovich states in his press release: “The federal government 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. There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border.”

The administration has not written or clarified the mandate’s rules. Brnovich said his “lawsuit is valid because it seeks to declare that the federal government doesn’t have the authority to create such rules.”

A reporter asked about Brnovich’s office recognizing federal safety regulations regarding hard hats at construction sites. The AG told the reporter, “Stay tuned for the next lawsuit.”

Um, hard hats don’t inject a substance into your body. But don’t get me started on federal safety regulations because a libertarian could go on forever about them.

Let’s get to the brief.

Brnovich cites the Equal Protection Clause in his brief due to the Biden administration exempting illegal aliens from the vaccine mandate.

The Equal Protection Clause falls under the 14th Amendment, Section 1: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Brnovich explains in the complaint why the mandate violates the clause:

7. Although the precise contours of the federal vaccination mandates are not yet clear, the violation of the Equal Protection Clause is already evident and egregious. In a nutshell: unauthorized 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. This reflects an unmistakable and unconstitutional—brand of favoritism in favor of unauthorized aliens.

8. This discrimination in favor of unauthorized aliens violates the Equal Protection Clause. Notably, alienage is a suspect class that triggers strict scrutiny. More typically (and almost invariably previously), this discrimination was against aliens rather than for them. See, e.g., Graham v. Richardson, 403 U.S. 365, 371, 375-376 (1971); Application of Griffiths, 413 U.S. 717, 721 1973). But the same principle applies to favoritism against U.S. citizens in favor of aliens. Defendants’ actions could never conceivably pass strict scrutiny.

“Because Defendants’ respect for individual rights vis-à-vis vaccination mandates appears to extend only to unauthorized aliens, and not U.S. citizens, their actions violate the Equal Protection Clause and should be invalidated,” continues Brnovich. “American citizens should be entitled to treatment at least as favorable as what Defendants afford to unauthorized aliens. This Court should accordingly declare this preferential treatment unlawful and enjoin actions taken pursuant to it.”

Remember when Biden’s Chief of Staff Ronald Klein retweeted this?

Lawyers said the retweet would cause problems for Biden. Well, it has because Brnovich brings it up in the complaint:

13. Recognizing that the Federal Government lacks the authority to directly impose a mandate, even the President’s own Chief of Staff retweeted that what the administration was planning for citizens (but not unauthorized aliens) would be the “ultimate work-around.”

14. The inadvertent admission in the preceding paragraph makes all of the administration’s actions constitutionally suspect. These other violations will be the subject of future challenges. Courts will have an opportunity to review and invalidate those forthcoming mandates as to private employers, federal contractors, federal employees, and health care workers. But this particular component—i.e., the unconstitutional discrimination against U.S. citizens, lawful permanent residents, and aliens lawfully residing and working in the U.S.—is ripe for judicial review and invalidation now.


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If you’d been willing to step up this quickly over the blatant fraud maybe there wouldn’t be a mandate to fight against, you RINO jackass.

    CommoChief in reply to Olinser. | September 14, 2021 at 7:26 pm

    Yeah, have to agree with the sentiment. The vax mandate certainly seems unjustifiable given all the exemptions and should be an easy out. Standing up to potential election fraud was a much more perilous task, one he declined.

      mark311 in reply to CommoChief. | September 15, 2021 at 2:10 am

      Standing up to election fraud , what planet are you on. After all this time you still think there is election fraud despite the knowledge that those who pushed are now being sanctioned? The only fraud relating to 2020 was from those claiming there was fraud.

      Also why is a vaccine mandate such a big deal, pretty sure kids get a range of vaccines at school. The whole thing is a joke, Republicans can’t live without a culture war fight otherwise people might start to wonder what actual policies they actually have.

    henrybowman in reply to Olinser. | September 14, 2021 at 7:59 pm

    Brnovich did in fact step up to DNC election fraud, and well BEFORE the election.
    After the election, he stuck up for the Arizona audit, holding the county BOS (actual RINOS) in contempt.
    Brnovich is bucking for Mark Kelly’s (D) Senate seat. As far as I’m concerned, this puts him far in front of the primary pack.

      How could anyone stick up for the Arizona audit? The audit was so flawed that its outcome is demonstrably pointless. Most audits take days, not months. It was a conspiracy theorist love in with zero knowledge and zero experience and absolutely terrible procedures.

    Stuytown in reply to Olinser. | September 15, 2021 at 8:35 am

    The fraud, the fraud, the fraud. I’m sure there was fraud. And yet, Donald Trump lost the election to a man who cannot think and almost never left his basement. The election was Trump’s to lose and he did. You would think that there would have to be 10,000,000 fraudulent ballots for this to happen. How many were there? It would be hard to hide that kind of fraud.

    Keep in mind Donald Trump barely beat Hillary Clinton in 2016 and we all know what kind of candidate Hillary was. Was there fraud then? Certainly the Clinton machine could have put the fraud machine into high gear.

    Trump lost Georgia, then he lost Georgia’s Senate seats by acting like a maniac. C’mon man, Trump even lost the first debate with Joe Biden when a 7th grader could have beaten Biden. It was embarrassing.

    The Trump presidency produced truly excellent results in many, many areas. But Trump was (and is) too much of a lunatic to capitalize on his record. All he really had to do was shut up. But he couldn’t.

    He is not a good national candidate. A cardboard box should be able to beat Biden (or any Democrat) in 2024. Except that Trump probably cannot. Too many people hate him with good reason (and too many people hate him without good reason). Whatever the case, stop it with election fraud. Get a good candidate. I think there are quite a few.

    Also, not everyone who disagrees with you, or disagrees with Trump, is a RINO.

    I voted for him twice. I will vote for him again if he is the Republican nominee. I just hope he’s not because I want to win.

Biden’s Edicts:

Take a preservative powder dissolved in wine, burn charcoal, tar, and brimstone on both your porches, and don’t panic.

Vomit weekly into an OSHA bag which Mr Biden will personally analyze.

San Francisco tenderloin? Or some such.

Good, and this is the first of many.

Be careful they don’t try to extend the mandate to illegals just to moot the Equal Protection argument and then claim victory.

Ban vaccines Woop woop, that makes sense. So send your kids to school and make sure they don’t get any vaccine. That would be the consistent position. Of course that would be a really stupid idea.

Lawsuits are pointless. The states need to refuse to cooperate and refuse to administer or enforce these federal programs and laws.