The first lawsuit has been filed against Joe Biden’s order to force private employers to mandate the coronavirus vaccine.
The new federal vaccine mandate impacts as many as 100 million Americans.
Despite the serious backlash against Biden’s orders, the Department of Labor’s Occupational Safety and Health Administration (OSHA) is moving forward with plans to force all employers with 100 or more employees to mandate the vaccine.
The Dept of Labor plans to “ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.”
Arizona has filed a first lawsuit against the policy.
Attorney General Mark Brnovich of Arizona said, “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 added.
The lawsuit says the mandate violates the Equal Protection Clause because it favors migrants who have come into the country illegally over American citizens. Migrants are not required to be vaccinated.
“There can be no serious or scientific discussion about containing the spread of COVID-19 that doesn’t begin at our southern border,” Brnovich said.
“Although the precise contours of the federal vaccination mandates are not yet clear, the violation of the Equal Protection Clause is already evident and egregious,” the brief says.
“In a nutshell: unauthorized aliens will not be subject to any vaccination requirements even when released directly into the United States (where most will remain), while roughly a hundred million U.S. citizens will be subject to unprecedented vaccination requirements.”
“This reflects an unmistakable — and unconstitutional — brand of favoritism in favor of unauthorized aliens,” it says.
The lawsuit also cites White House chief of staff Ronald Klein, who suggested move was the “ultimate work-around” for the federal government to require vaccines.
“The inadvertent admission in the preceding paragraph makes all of the administration’s actions constitutionally suspect,” it says. “These other violations will be the subject of future challenges.”
Biden’s new nat’l vaxx mandate on private biz may be the most unconstitutional, illegal thing I’ve ever seen out of any Admin in modern American history.
This is an egregious, tyrannical power grab that stands no chance in court.
I’ll be suing this disastrous Admin very soon.
— Texas Attorney General (@TXAG) September 10, 2021
After months of availability and incentives to receive the vaccine, Biden is furious with Americans who opt not to receive the vaccine.
“You’re not nearly as smart as I thought you were,” Biden said, insulting Americans who choose to be unvaccinated.
Tens of millions of Americans still prefer to consult their physician and make their own personal choices regarding what to do with their bodies.
Dan Crenshaw, a former Navy SEAL who lost his right eye while on deployment overseas, responded to Biden by saying, “Are you people trying to start a full on revolt?”
“Leave people the hell alone,” Crenshaw added.
More from Fox News:
Biden announced the measures last week, which require federal workers and private sector workers in businesses with more than 100 employees be vaccinated or take a COVID test weekly, as part of an action plan to combat the virus.
“We’ve been patient but our patience is wearing thin and your refusal has cost all of us,” Biden said from the White House. “This is not about freedom or personal choice. It’s about protecting yourself and those around you”…
Other Republican states have also indicated that they intend to sue the administration as well.
“This is an egregious, tyrannical power grab that stands no chance in court,” Texas Attorney General Ken Paxton said. “I’ll be suing this disastrous Admin very soon.”
Here’s a look at the lawsuit: