AG Mark Brnovich celebrates victory; vaccine mandate blocked in federal court

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Arizona Attorney General Mark Brnovich speaks at a news conference in Phoenix, Jan. 7, 2020. (AP Photo/Bob Christie, File)

Attorney General Mark Brnovich is celebrating a victory today in the lawsuit he joined against the Biden Administration in early November.

On Tuesday a Louisiana U.S. district judge blocked a federal COVID-19 vaccine mandate for health care workers, The Advertiser reported.  The mandate requires America’s healthcare workers to be vaccinated against COVID-19 or lose their jobs.

Brnovich joined attorneys general from Louisiana, Montana, Alabama, Georgia, Idaho, Indiana, Kentucky, Mississippi, Ohio, Oklahoma, South Carolina, Utah, and West Virginia.

The U.S. District Court for the Western District of Louisiana granted a motion for a preliminary injunction halting the vaccine mandate issued on November 4 through the Center for Medicare and Medicaid Services (CMS).

Judge Terry A. Doughty declared that the Biden administration lacked the constitutional authority to issue such a broad decree.

Doughty wrote, “If the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property—the power to make rules, to enforce them, and to judge their violations—could never fall into the same hands. If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, two of the three powers conferred by the Constitution would be in the same hands.”

Doughty continued, “If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency. During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties.”

Brnovich stated in a press release, “Today, we won a major victory for our health care heroes across the country. It’s unacceptable for the federal government to tell our medical professionals what to inject into their bodies. I will continue to push back against these unconstitutional COVID-19 vaccine mandates for all Americans.”