Thursday, September 23, 2021 5:02 am

Brnovich sues to end federal vaccination mandate

From video by Molly Hudson/Cronkite News as mask mandates were in court.

By: Howard Fischer, Capitol Media Services 

Attorney General Mark Brnovich is filing suit in a bid to block the Biden administration from imposing a vaccine mandate on workers.

In an announcement Tuesday, Brnovich contends that the move is illegal. He said questions of health, safety and welfare are left to the state.

Related: New COVID-19 vaccination mandates may impact restaurant groups in Arizona

“The president has no authority under the constitution to even attempt to issue any rules that would require a vaccine,” he said.

But while Brnovich lashes out at the president, he also appears to be setting the stage to challenge the power that Congress has given the federal Occupational Safety and Health Administration to ensure that employees nationwide have safe places to work.

It is not Biden who is issuing an edict that workers of companies of 100 or more either be vaccinated or be tested at least weekly for Covid. Instead, the president is directing OSHA to promulgate rules to protect workers against infection.

Attorneys interviewed by Capitol Media Services all said that vaccination requirements appear to be within OSHA’s powers. But Brnovich appears unconvinced.

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