Arizona Attorney General Mark Brnovich filed an amended lawsuit Friday seeking a temporary restraining order and nationwide preliminary injunction to block the Biden administration from implementing the new COVID-19 vaccine requirements.
Brnovich filed the original lawsuit against the Biden administration in September. The original complaint claimed there was a difference in the treatment of U.S. citizens and individuals who were caught crossing the border illegally who are not required to receive the COVID-19 vaccine, alleging a violation of the Equal Protection Clause.
The amended complaint addresses the requirement that all federal employees and contractors be fully vaccinated by November 22, unless they fall under an exception due to a medical condition, disability, or religious belief. In the amended complaint, Brnovich claims that the vaccine mandates violate federal employees’ and contractors’ constitutional rights. Brnovich further argues that the mandates violate individuals’ right to refuse vaccines available under Emergency Use Authorizations (EUA) from the Food and Drug Administration (FDA).
The amended lawsuit alleged that requiring all federal employees and contractors to be fully vaccinated will cause “substantial harm to Arizona’s economy and to Arizona businesses that will either have to fire valuable employees or give up lucrative government contracts.”
Brnovich argues that the temporary restraining order to block the mandates is necessary due to vaccination deadlines, which are likely to pass before a preliminary injunction is heard fully. As provided in the complaint, the deadline for federal contractors to receive their first vaccine is as early as October 27. The deadline for federal employees to receive their first Pfizer or Moderna vaccine has passed, and they must receive their second dose (or first and only dose of the Johnson & Johnson vaccine) by November 8.
Addressing the vaccine requirements, Biden stated, “we’ve been patient but our patience is wearing thin and your refusal has cost all of us. This is . . . about protecting yourself and those around you.”
