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Arizona attorney general files suit seeking to block President Biden’s vaccination mandate, focusing on alleged ‘differential treatment’

By WK Editorial Staff

Arizona Attorney General Mark Brnovich announced on Tuesday, September 14, that his office has filed suit against President Biden and other administration officials over their COVID-19 vaccine mandate for federal employees, federal contractors, and private businesses with more than 100 employees. In a press release, Brnovich contended the lawsuit was the first in the country to be filed against the Biden Administration based on the new mandate.

President Biden’s six-point plan. On September 9, President Joe Biden addressed the continuing spread of COVID-19 and his plan to further protect Americans against infection and the economy from further damage resulting from the pandemic. That six-point plan includes a Department of Labor emergency rule for larger employers and executive orders requiring mandatory vaccination for federal employees and “adequate COVID-19 safeguards” for federal contract workers.

As described by President Biden, the Department of Labor is developing an emergency rule that will require all employers with 100 or more employees to ensure their workforces are fully vaccinated or show a negative test at least once a week. The DOL will also require that employers with 100 or more workers provide paid time off to get vaccinated. Last week, the President also signed an Executive Order requiring that all executive branch federal employees be vaccinated. A separate Executive Order imposed requirements on federal contractors.

The vaccine requirements in President Biden’s plan, described fully in a dedicated webpage entitled “Path Out Of The Pandemic,” are said to affect about 100 million Americans—two-thirds of all workers. That number was highlighted in the complaint filed by the Arizona Attorney General in the United States District Court for the District of Arizona. He alleged that, by contrast, “unauthorized aliens will not be subject to any vaccination requirements when released directly into the United States (where most will remain),” which he contended was an equal protection violation. He alleged that “the Biden Administration has disclaimed any COVID-19 vaccination requirement for unauthorized aliens” and repeated reports of aliens declining offered vaccines.