Arizona has become the first U.S. state to sue the Biden administration over their mandate of COVID-19 vaccine, arguing that it is an “egregious federal overreach” and an “assault on our sovereignty.”
“Today, we have filed the first lawsuit in the nation against the unconstitutional mandates. Arizona will not tolerate this assault on our sovereignty,” Arizona Attorney General Mark Brnovich announced in a tweet on Tuesday, Sept. 14.
He “promised Arizonans that we would not stand for the Biden Administration’s egregious federal overreach on vaccine mandates.”
In a press release cited by Newsmax, Brnovich also asserted that the vaccine mandate for federal employees, federal contractors, and private businesses with over 100 employees is unconstitutional.
“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,” he said.
“There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border,” the attorney general said.
Arizona’s lawsuit comes less than one week after President Joe Biden announced the COVID-19 vaccine mandate for businesses on Sept. 9, saying that the emergency rule would “ensure their workforces are fully vaccinated or show a negative test at least once a week.”
“This is not about freedom or personal choice,” Biden said. “It’s about protecting yourself and those around you—the people you work with, the people you care about, the people you love.”
In his allegations, Brnovich said that Biden’s vaccine mandate violates the Equal Protection Clause by “favoring migrants that have crossed into the country illegally over legal U.S. citizens.”
“The Biden Administration allows migrants to decline the vaccine, protecting their freedom and bodily autonomy more than American citizens,” he added.
In the complaint, Brnovich—who is seeking the GOP nomination for Arizona’s 2022 Senate race—claimed that the vaccine mandate is “one of the greatest infringements upon individual liberties, principles of federalism, and separation of powers ever attempted by an American President.
“Under our Constitution, the President is not a king who can exercise this sort of unbridled power unilaterally. And even George III wouldn’t have dreamed that he could enact such sweeping policies by royal decree alone,” the lawsuit states.
The attorney general filed the suit in the District Court of Arizona.
The Republican National Committee (RNC) also informed earlier this month that it intends to sue the Biden administration for the unconstitutional mandate.