The Biden administration has been sued Arizona over the “egregious” coronavirus vaccine mandate because U.S. citizens are being discriminated against due to illegals immigrants in federal custody are not required to receive the vax.
“In a nutshell: unauthorized aliens will not be subject to any vaccination requirements even when released directly into the United States… while roughly a hundred million U.S. citizens will be subject to unprecedented vaccination requirements,” Brnovich told a federal district court in Arizona in a 14-page filed complaint. “This reflects an unmistakable — and unconstitutional — brand of favoritism in favor of unauthorized aliens.”
The complaint continues:
Specifically, the Biden Administration has disclaimed any COVID-19 vaccination requirement for unauthorized aliens, even those being released directly into the United States. Although the Department of Homeland Security (“DHS”) offers vaccination to aliens it apprehends unlawfully entering the United States, it does not insist that they be vaccinated—even if they are being released into the U.S., rather than being immediately deported.
The upshot is that aliens unlawfully crossing into the United States are not bound by any federal vaccination requirement whatsoever. Their rights to choose to be vaccinated—or not—command the unadulterated respect of Defendants. Those of U.S. citizens: not so much. The same Administration that would not dream of infringing upon the right of unauthorized aliens to choose whether to be vaccinated (or not), has no equivalent regard for the rights of United States citizens.
Brnovich has asked the court to render the mandate unconstitutional. Biden’s mandate forces mid to large-sized businesses along with federal employees and contractors to be vaccinated and enforced by a $14,000 fine per violation.
“The Biden Administration is once again flouting our laws and precedents to push their radical agenda,” Brnovich tweeted. “There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border.”
Biden’s vaccine mandate gives enforcement authority to the Occupational Safety and Health Administration (OSHA). However, it is unknown if OSHA has such constitutional power to do so.
The precise details are unclear as the mandate has not yet been issued.
Left-leaning professor Cass R. Sunstein is a legal mind that doubts OSHA’s authority. He writes:
The core provision of one of the nation’s most important regulatory statutes—the Occupational Safety and Health Act (“OSHA”)—is not easy to distinguish from the hypothesized statute. That provision defines an “occupational safety and health standard” as one that is “reasonably necessary or appropriate to provide safe or healthful employment and places of employment.”
But Jordan Barab, former OSHA deputy secretary from the Obama administration, argues that OSHA can work with the Biden administration. “OSHA’s never been a beloved agency for Republicans. They’ve always gone after OSHA for interfering with corporate autonomy,” claimed Barab.
The White House expects OSHA to enforce Biden’s mandate, stated White House press secretary Jen Psaki. “Certainly, this will be up to a number of private-sector companies. Our expectation and hope is they will take these steps on their own, and then we will continue to implement for those who are not complying,” she said.
Whether it is this lawsuit or one of the others that are expected to be filed soon, the disputes over the constitutionality of excluding illegal aliens and the authority of OSHA to enforce this mandate are expected to make their way to the Supreme Court.