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.

Lifetime Windows & Doors

We want to hear from you.

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

Arizona News

Teofilo Acuna Gutierrez (Photo courtesy of DPS)...
KTAR.com

Silver Alert issued for 78-year-old man last seen in Phoenix

A Silver Alert was issued Wednesday in Phoenix for a 78-year-old man who hasn't been spotted since Friday.
13 hours ago
(New Life Center Photo)...
KTAR.com

Metro Phoenix domestic violence shelter opens dog park for pets of survivors

A metro Phoenix domestic violence shelter has opened a dog park tailored to survivors and their pets thanks to a grant.
13 hours ago
(Facebook Photo/Central Arizona Dental Society Mission of Mercy)...
KTAR.com

Free dental care available to 1,800 patients during 2-day clinic at Phoenix arena

Arizona Veterans Memorial Coliseum in Phoenix will become the state’s largest free dental clinic Friday and Saturday, with the capacity to provide care for 1,800 patients in need.
13 hours ago
(Phoenix Fire Department Photo)...
KTAR.com

Stolen car suspects crash, end up 200 feet down ravine after chase in Phoenix

Tempe police took two people into custody after a car chase that came to an end 200 feet down a Phoenix ravine Tuesday night.
13 hours ago
(Facebook Photo/Scottsdale Police Department)...
KTAR.com

Police arrest suspect who fled Old Town Scottsdale traffic stop, hit pedestrian

A suspect who fled a weekend traffic stop in Old Town Scottsdale and collided with a pedestrian was arrested Monday, authorities said.
13 hours ago
FILE - Three girls embrace before they are removed from the home of Samuel Bateman, following his a...
Associated Press

FBI: Polygamous leader had 20 wives, many of them minors

FLAGSTAFF, Ariz. (AP) — The leader of a small polygamous group near the Arizona-Utah border had taken at least 20 wives, most of them minors, and punished followers who did not treat him as a prophet, newly filed federal court documents allege. Samuel Bateman was a former member of the Fundamentalist Church of Jesus Christ […]
13 hours ago

Sponsored Articles

...
Quantum Fiber

How high-speed fiber internet edges out cable for everyday use

In a world where technology drives so much of our daily lives, a lack of high-speed internet can be a major issue.
(Photo via MLB's Arizona Fall League / Twitter)...
Arizona Fall League

Top prospects to watch at this year’s Arizona Fall League

One of the most exciting elements of the MLB offseason is the Arizona Fall League, which began its 30th season Monday.
...
Day & Night Air Conditioning, Heating and Plumbing

Here are 4 signs the HVAC unit needs to be replaced

Pool renovations and kitchen upgrades may seem enticing, but at the forefront of these investments arguably should be what residents use the most. In a state where summertime is sweltering, access to a functioning HVAC unit can be critical.
Arizona joins 10 other states in lawsuit against Biden’s vaccine policy