Friday, December 3, 2021

NEW: Despite Injunctions Elsewhere, USDOJ Not Impressed With Brnovich's 3rd Try To Fight Vaccine "Mandate" (READ Opposition)

Despite adverse reactions from several judges around the country, the USDOJ this afternoon blasted Arizona Attorney General Mark Brnovich's latest effort to get an injunction against federal vaccine/testing requirements. The Department of Justice claims that the Executive Orders are "not a regulation of the general public" and that Arizona cannot show that it is harmed.

Brnovich rushed to file the action even before the federal government had put pen to paper, and has already had to re-start the process twice in response to developments. Trump-appointed Judge Mike Liburdi denied an injunction once before, but will likely soon consider this latest attempt.

The U.S. trashed the Arizona lawsuit in its introduction:


The DOJ's Response does acknowledge that it sent a letter "mandat(ing)" that the State accept a lease modification implementing vaccine/testing requirements. The State's Retirement System (ASRS) rents a building on North Central Avenue in Phoenix from the federal government. ASRS rejected the lease modification request, and the Response suggests that that does not rise to an injury. "But merely asking for a modification to a contract is not a legally cognizable injury. Arizona is free to reject these requests, as at least one State agency recently did." The attached letter, however, bolds the word "mandatory" and demands acceptance by November 14.

/GKL

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

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