Attorney General Mark Brnovich Pushes Back Against Unconstitutional COVID-19 Vaccine Mandates for Federal Employees & Contractors

PHOENIX -- Arizona Attorney General Mark Brnovich is expanding his lawsuit to stop the Biden administration’s unconstitutional COVID-19 vaccine mandates for federal contractors and employees. Today’s amended complaint adds the Phoenix Law Enforcement Association (PLEA) and the United Phoenix Firefighters Association Local 493 (UPFA) as co-plaintiffs, along with the existing co-plaintiff who is a federal employee.
“I have been saying that this unconstitutional COVID-19 vaccine mandate will cost honest and hardworking people their livelihoods, and that’s unacceptable,” said Arizona Attorney General Mark Brnovich. “It would also be a terrible injustice to our first responders who have always been there for us. If allowed to stand, this mandate will ultimately jeopardize all Arizonans who depend on these brave men and women to keep our communities safe.”
In addition to joining new parties, the Attorney General’s Office (AGO) filings include additional evidence and legal arguments supporting the lawsuit. In particular, the AGO provides several instances of the Biden administration coercing state agencies and subdivisions to accede to the COVID-19 Vaccine Contractor Mandate or risk losing federal contracts.
Recently, the City of Phoenix announced all city employees must be fully vaccinated by January 18, 2022, or risk losing their jobs. Officials said they had to implement this sweeping policy because the city is considered a federal contractor due to a number of contracts it has with the federal government. However, a significant number of rank-and-file police officers and firefighters have expressed concerns over the mandate and are refusing to be vaccinated, which is why PLEA and UPFA joined the AGO's lawsuit. 
Additionally, the Biden administration has already demanded or refused to disavow that multiple Arizona State agencies, including public universities, must implement the COVID-19 Vaccine Contractor Mandate. Those include:

  • The Arizona State Retirement System (ASRS)
  • The AGO’s Division of Civil Rights Section
  • The Arizona Department of Transportation (ADOT)
  • The Arizona Department of Health Services (ADHS) 
  • The Arizona Department of Public Safety (DPS)

In the AGO’s brief, General Brnovich further explains how the COVID-19 Vaccine Contractor Mandate is subject to judicial review and how it violates multiple legal requirements, including the Tenth Amendment and the Procurement Act. This was the first lawsuit filed against the requirements for federal employees and contractors back in September 2021.
Additional AGO Actions
General Brnovich has been at the forefront of pushing back against the Biden administration’s unconstitutional COVID-19 vaccine mandates for federal employees, contractors, and private employers with more than 100 employees. He has filed two other lawsuits to stop the Biden Administration’s radical actions against the requirements for private employers with more than 100 employees and health care workers.

Brnovich v Biden (Federal Employees and Contractors)
Multistate Coalition v. Biden (OSHA Rules)
Multistate Coalition v. HHS (CMS Mandate)
Additionally, earlier this month, General Brnovich sent a letter to Governor Doug Ducey urging him to take three immediate actions to protect the liberties of Arizonans against COVID-19 vaccine government mandates. The Governor’s Office cooperated with the AGO on this lawsuit, which resulted in the additions of multiple state agency contracts discussed above. Read more here.

Copy of amended complaint.
Copy of motion for preliminary injunction.