Arizona Attorney General Mark Brnovich and 23 other attorneys general sent a letter to President Biden on Thursday, warning that further litigation will follow the implementation of his unconstitutional COVID-19 vaccine mandate on federal and private sector employees. The coalition of attorneys general outlined their legal and policy concerns with the mandate, which will be carried out by Occupational Safety and Health Administration (OSHA) through Emergency Temporary Standards.
“President Biden’s vaccine mandate lacks both legal authority and integrity,” said Arizona Attorney General Mark Brnovich. “I am proud to stand alongside my colleagues to push back on this assault on state sovereignty and the liberties of Americans.”
History has shown that the judicial branch is highly skeptical of the use of OSHA Emergency Temporary Standards because of concerns about federalism and the separation of powers. In their letter, the attorneys general raise concerns about the expansion of a federal regulatory agency and public perception of the order’s constitutionality.
The coalition goes beyond legal arguments to address practical policy considerations of such a sweeping order. The potential to drive individuals out of the workforce is concerning, particularly healthcare workers, who are most needed right now to fight the pandemic. Importantly, the attorneys general also note there are alternatives to a broad, nationwide mandate. The letter to the president states:
“The risks of COVID-19 spread also vary widely depending on the nature of the business in question, many of which can have their employees, for example, work remotely. The one-size-fits-almost-all approach you have decreed makes clear that you intend to use the OSHA statute as a pretext to impose an unprecedented, controversial public health measure on a nationwide basis that only incidentally concerns the workplace.”
Today’s letter follows Arizona Attorney General Brnovich’s lawsuit earlier this week against President Biden and other federal officials challenging the constitutionality of the COVID-19 vaccine mandate. This is the first lawsuit in the country related to the Biden Administration’s radical actions requiring the COVID-19 vaccine.
Arizona was joined in the letter by the attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.