ARIZONA NEWS

Arizona joins 10 other states in lawsuit against Biden’s vaccine policy

Nov 5, 2021, 9:44 AM
(Photo by Mario Tama/Getty Images)...
(Photo by Mario Tama/Getty Images)
(Photo by Mario Tama/Getty Images)

PHOENIX – Arizona joined a coalition that includes 10 other states Friday in filing a federal lawsuit challenging President Joe Biden’s new COVID-19 vaccination policy.

The lawsuit was filed after the Occupational Safety and Health Administration, under Biden’s direction, finalized rules saying all companies with more than 100 employees must require unvaccinated workers to take weekly tests and wear face masks.

The OSHA mandate goes into effect Jan. 4. Failure to comply could result in penalties of nearly $14,000 per violation.

The petitioners argue that the policy is an overstep of authority on a matter that should be left up to individual states.

“The federal government lacks constitutional authority under its enumerated powers to issue this mandate, and its attempt to do so unconstitutionally infringes on the States’ powers expressly reserved by the Tenth Amendment,” the lawsuit says.

The top legal official for the U.S. Department of Labor, which includes OSHA, has said legal precedent allows it to issue rules that keep workplaces safe and that those rules pre-empt state laws.

Arizona Attorney General Mark Brnovich joined his colleagues in Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming in filing the suit in the St. Louis-based 8th U.S. Circuit Court of Appeals.

“Today is the first step in stopping the Biden Administration’s misguided COVID-19 vaccine mandate for employees of small businesses,” Brnovich said in a press release Friday.

“I am urging the court to move expeditiously to defend the fundamental rights of all Americans.”

AAI Inc., Doolittle Trailer Mfg. Inc., Christian Employers Alliance, Sioux Falls Catholic Schools (which does business as Bishop O’Gorman Catholic Schools) and Home School Legal Defense Association Inc. are also listed as petitioners on the complaint.

This is Brnovich’s second lawsuit against the federal vaccine plan since Biden previewed it two months ago, touting it as the fastest way to emerge from a pandemic that’s killed more than 750 million Americans.

Five days after Biden’s Sept. 9 announcement, Brnovich filed a lawsuit challenging the constitutionality of the policy, even though the specifics of the plan hadn’t yet been created.

“Our lawsuit right here is the first salvo in pushing back against the federal government’s vaccine mandates, but it will not be the last,” the Republican attorney general, who is running for a U.S. Senate seat in 2022, said at the time.

On Oct. 22, Brnovich filed a request for a temporary restraining order and an amended complaint expanding his legal argument in the initial lawsuit.

Brnovich’s office said a hearing on the restraining order is scheduled for Wednesday.

The Associated Press contributed to this report.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(Pexels Photo)...
KTAR.com

Phoenix temperature hits sub-50 for the first time since spring

Turn the heater on and get those fuzzy socks out-- Winter is approaching as some Valley residents saw some chilly temperatures Sunday morning.
13 hours ago
(Facebook File Photo/Phoenix Police Department)...
KTAR.com

Phoenix police investigating death of woman following single-vehicle car crash

Phoenix police are investigating the death of a 21-year-old woman following a single-vehicle car accident early Sunday, authorities said.
13 hours ago
Syringes with the vaccine Comirnaty of Pfizer against the coronavirus and the COVID-19 disease stan...
KTAR.com

Arizona reports 2,274 new COVID-19 cases, 5 deaths on Sunday

Arizona health officials on Sunday reported 2,274 new COVID-19 cases and five deaths.
13 hours ago
The 34th annual APS Electric Light Parade returns Saturday, Dec. 4 at 7 p.m. (APS Electric Light Pa...
KTAR.com

Electric Light Parade returns to central Phoenix on Saturday

The central Phoenix night will be lit up with holiday colors Saturday during the annual APS Electric Light Parade.
13 hours ago
(Over Easy Photo)...
KTAR.com

Tired of turkey? Here are some Valley spots for National French Toast Day

Tired of turkey? Besides being Thanksgiving, Thursday is also National French Toast Day. Here are some Valley spots that offer the breakfast delight.
13 hours ago
FILE - Migrants, many from Haiti, wade across the Rio Grande from Del Rio, Texas, to return to Ciud...
Associated Press

Anxiety grows that Biden administration can’t find balance on immigration

A year into Biden’s presidency, there is growing concern among some in the party that the administration can’t find balance on immigration.
2 days ago

Sponsored Articles

...
DISC DESERT INSTITUTE FOR SPINE CARE

What you need to know about spine health

With 540 million people suffering from lower back pain, it remains the leading cause of long-term disability. That’s why World Spine Day on Oct. 16 will raise awareness about spinal health with its theme, BACK2BACK. “BACK2BACK will focus on highlighting ways in which people can help their spines by staying mobile, avoiding physical inactivity, not overloading […]
...
Day & Night Air Conditioning, Heating and Plumbing

Why fall maintenance is important for your heating system and A/C

It’s easy to ignore your heater and air conditioner when they’re working but the moment something breaks, you will likely regret not keeping up with maintenance. After all, if something goes wrong, you may be stuck with a repair that will take longer and be more expensive than simple maintenance.
...
PNC Bank

How one organization supports early childhood literacy for the most vulnerable

Nearly two out of every three children in low-income communities don’t own a single children’s book, a fact that ultimately could have profound impacts even before entering kindergarten, according to Arizona nonprofit Southwest Human Development.
Arizona joins 10 other states in lawsuit against Biden’s vaccine policy