Arizona Attorney General Mark Brnovich (R) promised to contest President Joe Biden’s latest coronavirus vaccine mandate in court — and now, he is doing just that.
The Daily Caller reports that Brnovich and the state of Arizona filed on Tuesday the nation’s first lawsuit challenging the president’s order, which requires millions of Americans to roll up their sleeves and get vaccinated for COVID-19.
The AG released a statement on the suit later the same day.
“The federal government cannot force people to get the COVID-19 vaccine,” Brnovich 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.”
As suggested by the last line of his statement, Brnovich argues in the suit that Biden’s vaccine mandate violates the Equal Protection Clause of the Constitution by treating illegal immigrants differently than Americans.
Effectively, U.S. citizens are required to get the vaccine, if they work for a health care facility that received federal funds or any employer with more than 100 workers, but migrants coming through the U.S.–Mexico border aren’t.
“Migrants who cross the southern border illegally are not subject to any vaccination requirements even when released directly into the United States (where most will remain),” Brnovich said, according to The Washington Times. “This reflects an unmistakable — and unconstitutional — brand of favoritism in favor of illegal migrants.”
The order also doesn’t apply to postal workers or congressional officials and staffers, reports note.
Will he win?
It remains unclear how well Brnovich’s argument will hold up in court.
As of now, however, some legal scholars have noted that recent comments out of the Biden White House don’t seem to be helping their case.
Ronald Klain, Biden’s chief of staff, appeared to agree with MSNBC’s Stephanie Ruhle when he retweeted a post from her calling the president’s approach to the vaccine mandate “the ultimate work-around for the Federal [government] to require vaccinations,” as The Washington Times reported.
Arizona hopes the case will ultimately result in the mandate being found unconstitutional. But only time will tell.