CORRECTION: Part of AZ's COVID Vaccine Mandate Case Survives; AZAG, DOJ and Judge Dismissed the Immigration-Related Counts

CORRECTION, 2/3 3pm: "Part of AZ's COVID Vaccine Mandate Case Survives; AZAG, DOJ and Judge Dismissed the Immigration-Related Counts"

We previously described the long-standing Brnovich case against national COVID vaccine mandates as a roller coaster of a case*, as the Arizona Attorney General's Office morphed the case a few times to keep it alive. We regret to report that we were thrown from our car when we reported this week that all of the remaining counts had been dismissed by stipulation of the new AG's Office and the U.S. Department of Justice - and that Judge Michael Liburdi hesitated to accept the stipulation.

In fact, this week's dismissal was only for the counts that tried to tie immigration issues to a possible vaccine mandate. STILL ALIVE are the state's claims against other parts of President Biden's COVID-related Executive Orders. And, also in fact, it was nearly one year ago that Judge Liburdi slapped a permanent injunction on those parts - the "contractor mandate" and the "employee mandate". (Those mandates are more fully described in the injunction, which is posted below.)

The U.S. DOJ has appealed that injunction, and that case is scheduled for oral argument before the 9th Circuit Court of Appeals next month.

Judge Liburdi apparently set yesterday's status conference because he was aware of the possible change in priorities from the Mark Brnovich AGO ("Attorney General's Office") and the Kris Mayes AGO. He then kept the status conference on the calendar to ask the parties' counsel about it. It is Arizona's Law's understanding that the new Mayes administration is still considering its options regarding the injunction and appeal.

My apologies for not fully and properly explaining this complex case, and for any incorrect assumptions made as a result. Thank you to the tipster who wished to remain anonymous. If you ever find an Arizona's Law article needs corrections, please email the publisher, Paul.Weich.AZlaw@gmail.com.  --Paul

*Our most recent reporting on the roller coaster was in December 2021, "Judge REJECTS Motion To Allow Federal Employee To Join Brnovich's Vaccine "Mandate" Suit As "John Doe""

UPDATE, 2/2, 5pm: "JUST MESSIN' AROUND: Judge Quickly Allows Dismissal of AZ's COVID Vaccine Mandate Case"

Judge Michael Liburdi today quickly agreed to the stipulated dismissal of the long-running Brnovich case against national COVID vaccine mandates.

Yesterday, he acknowledged that new AZ Attorney General Kris Mayes and the U.S. Department of Justice had agreed to let the 2021 case be closed. But, he told them they would have to appear in his courtroom this morning for a now-pointless status conference.

The Minute Entry shows that the hearing lasted only 5 minutes, and that the stipulation is granted. Arizona's Law has asked the AG's Office for details on what transpired during those five long minutes and will update as warranted.

Original article, 2/1, 4:15pm: "SURPRISE: Judge REFUSES To Allow New AZ AG Mayes, Biden DOJ To Stipulate To Dismiss Long-Running Brnovich Case Against COVID Vaccine Mandates"

In a surprise move this afternoon, U.S. District Court Judge Mike Liburdi refused to accept a stipulation from new Arizona Attorney General Kris Mayes and the Biden Department of Justice to dismiss her predecessor's long-running lawsuit against possible COVID vaccine mandates.

Arizona's Law has provided coverage as former AG Mark Brnovich's office struggled to find ways to maintain their first-in-the-nation 2021 lawsuit against possible mandates, trying to tie it to immigration policies, federal contractors and more. It has been a roller coaster ride of a legal action, continuing during the post-election transition period.

This morning, an agreement to bring the roller coaster to a stop was filed with the Court, and it (routinely) asked to vacate a status conference set for Thursday.

This afternoon, Judge Liburdi refused. Noting simply that he reviewed the Stipulation and the request to vacate, Liburdi denied the request.

Arizona's Law has asked for comment from Mayes' office, and will supplement as warranted. It should be a more interesting than most kind of status conference.

"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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