In the wake of yesterday's dual decisions on vaccine-or-test requirements from the U.S. Supreme Court, Arizona Judge Mike Liburdi has given AG Mark Brnovich and the U.S. six days to file briefs explaining how the new developments should impact Arizona's long-stalled challenge.
Brnovich's case was the first in the nation to challenge the Biden Administration on the issue, but it has failed to gain traction through a series of repositionings (i.e. Amended Complaints).
Liburdi immediately asked the parties to brief him on the impact of the NFIB case - the one where the Supreme Court found that the federal OSHA had exceeded its authority. Later, he added that they should also address the sister opinion in the Missouri case; that one permitted the Administration to enforce a temporary mandate on health care workers in facilities receiving federal funds.
Liburdi currently has dueling motions from the parties to decide - the AG's request for an injunction, and the USDOJ's motion to dismiss the counts challenging immigration policies. (The case started off with a unique legal premise that has morphed.)
This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.
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