Videos by OutKick
Arizona Attorney General Mark Brnovich filed a lawsuit on behalf of his state this week in opposition to the Biden administration’s vaccination mandate.
“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,” Brnovich said.
The new policy, which demands that private employers with 100 or more employees require vaccines or weekly tests, is estimated to affect a staggering 80 million U.S. citizens.
Brnovich, who is running for the U.S. Senate, is arguing that the policy violates the country’s Equal Protection Clause. Specifically, because the Biden administration is refusing to mandate vaccinations for undocumented migrants entering the southern border illegally, the new measure “protects the freedom and bodily autonomy [of the undocumented] more than American citizens.”
Brnovich’s office called the policy “one of the greatest infringements upon individual liberties, principles of federalism, and separation of powers ever attempted by an American President.”
To any reasonable American who believes in medical freedom and autonomy from tyranny, the Biden mandate likely sounds absurd. But if the circuit courts (which are packed with conservative judges, thanks to the Trump administration) are going to undercut it, the primary question will be, is it unconstitutional?
Brnovich is essentially arguing a discrimination case, given that one class of citizen (unprotected aliens) are being treated starkly different than another class (citizens with inalienable rights protected by the constitution). To win the case, his lawyers will need to prove favoritism exists within the Biden administration towards illegal aliens.
The Biden administration surely knew their mandate would come under heavy legal scrutiny, but proceeded anyways. Will they amend the mandate to also include illegal aliens, thereby negating this one particular lawsuit, but also destroying the goodwill with border jumpers that they so cherish? Goodwill that they hope will translate to votes during future election cycles? Only time will tell.