Florida attorney general sues Biden over COVID - 19 mandate
Florida s attorney general filed the first lawsuit Tuesday challenging the Biden administration's new mandate for most U.S. workers to get vaccinated against COVID - 19, calling the upcoming emergency rule an unconstitutional exercise of unconstitutional power The complaint argues that President Joe Biden's directive encouraging the U.S. Department of Labor to adopt and enforce the rule exceeds his executive authority and violates the Constitution's equal protection clause by discrimination. As announced, the rule requires U.S. citizens to get vaccinated but does not specifically require undocumented immigrants crossing the border to get inoculated.
The executive branch has adopted an unconstitutional policy of favoring aliens that have unlawfully entered the United States over actual citizens, native and foreign born, the lawsuit states.
Their rights to choose to be vaccinated — or not – command the unadulterated respect of defendants, the lawsuit states. Those of Americans: not so much. Biden's new, yet-to be-embedded rule, called an emergency temporary standard, will be adopted specifically by private sector U.S. employers with more than 100 workers once OSHA adopts it. Workers will be required to either get vaccinated or submit to weekly tests for COVID - 19 under each of the above rules.
The rule is projected to affect approximately 100 million U.S. workers and two-thirds of Americans, according to the White House. Federal employers and contractors would be required to get vaccinated, with no testing option alternative. If the rule is issued on Thursday, as announced by Biden, workers will be required to comply, or risk losing their jobs.
During a media call Tuesday night, Arizona Attorney General Mark Brnovich said the mandate violates federal principles of Federalism and separation of powers by overstepping the rights to manage public health, safety, and welfare.
It s an unprecedented attempt by the federal government to impose something on the American people that is clearly not among the president s enumerated powers, Brnovich said.
Brnovich also claimed that Richard King, the president's chief of staff recognized the federal government's lack of authority to directly impose a mandate in his retweet of MSNBC anchor Stephanie Ruhle's post characterizing the move as a work-around. The suit goes on to say that the U.S. Department of Homeland Security offers vaccination for non-U.s. citizens. S. citizens apprehended for illegally entering the U.S. but fails to insist that they are vaccinated.
The legal theory is related to those anticipated by labor and employment lawyers as potential challenges. The Arizona District Court because the standard has not yet issued could rule that the lawsuit was filed prematurely and therefore lacks legal standing.
In its request for relief, the lawsuit asks that the District Court declare that the administration lacks authority to both impose the vaccination mandate on U.S. citizens and lawful permanent residents and to discriminate against them as compared to undocumented immigrants.
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