Wednesday, April 19, 2023

BREAKING, ROLLERCOASTER RIDE STOPS HERE: 9th Circuit DISSOLVES Arizona Injunction Against (Part Of) Biden's COVID Vaccine Policies (READ Opinion)

Most rollercoaster rides end before you know it. The legal rollercoaster ride which began when then-Arizona Attorney General Mark Brnovich filed his "1st in the nation" lawsuit against President Joe Biden's COVID vaccine policies may finally be slowing to a stop today.

The 9th Circuit Court of Appeals today DISSOLVED the permanent injunction Arizona had previously received against the so-called Contractor Mandate portion of Biden's Executive Order(s). The rest of the case - including counts that attempted to claim the EO had violated immigration laws - was dismissed by Judge Michael Liburdi earlier this year after new Attorney General Kris Mayes took office and stipulated with the U.S. Department of Justice. 

And, Mayes is highly unlikely to appeal today's decision to the U.S. Supreme Court, so you can expect to see a dismissal soon filed at the the District Court level.

Today's unanimous 50-page opinion acknowledges that a couple of other Circuits in other parts of the country did disagree, finding that the Major Question Doctrine can be applied to analyze Presidential Executive Orders. This split between the Circuits makes it more likely that the Supreme Court will hear the U.S. DOJ's appeal(s) in those other lawsuits.

"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. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.


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