Arizona’s attorney general on Tuesday filed the first lawsuit 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 “unbridled power.”
The complaint argues that President Joe Biden’s directive instructing the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to adopt and enforce the rule exceeds his executive authority and violates the Constitution’s equal protection clause through discrimination. As announced, the rule requires U.S. workers 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 U.S. citizens, both 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 U.S. citizens: not so much.”