On Thursday, U.S. District Court Judge Mike Liburdi rejected Arizona Attorney General Mark Brnovich’s request for a preliminary injunction to stop the Biden’s Covid vaccine rule, which essentially mandates vaccines for federal workers and employees of large businesses.
After hearing oral arguments briefly, the judge recessed the proceedings to allow the parties to come to an agreement to deny Brnovich’s TRO request.
Because Brnovich jumped the gun and filed the case after Biden had announced his Executive Order, but before the actual rule was crafted, he now must go back to the drawing board and include the OSHA rule that covers private companies with over 100 employees.
Brnovich attempted to bring the current border crisis into the argument by relying on the Equal Protection Clause. Brnovich argued that Biden’s COVID-19 policies violate the Equal Protection Clause of the 14th Amendment by treating U.S. citizens in a harsher manner than non-citizens.
“Those who illegally enter the United States will not be subject to any vaccination mandate. In stark contrast, aliens who go through legal channels to obtain work visas, lawfully enter the United States, and are employed by a company with more than 99 workers, will be subject to the vaccination mandate,” Brnovich contended.
Brnovich was seeking a court order prohibiting the federal government from engaging “in unconstitutional discrimination against U.S. citizens, lawful permanent residents, and lawfully present aliens.”
Liburdi, a corporatist, appeared to side with the Biden administration, indicating that the mandate was not a mandate that forces anyone to get the jab, meaning they can go elsewhere to find a job.
Liburdi gave Brnovich until Friday, November 19, to file the amended complaint and motion for preliminary relief and the Biden administration has to file its response to the amended complaint no later than Friday, December 3, 2021. The Attorney General then has until Wednesday, December 8, to respond to the Biden administration’s response.
This article was updated at 1:44 p.m. on Nov. 13.