Arizona on Tuesday became the first state in the US to file a lawsuit against President Joe Biden’s order for mandatory Covid-19 vaccination for all federal officials and companies with more than 100 employees.

Arizona Attorney General Mark Brnovich, of the Republican Party, announced that he will formalize the lawsuit against what in his opinion is an “unconstitutional” action by the president of the Democratic Party.

“The federal government cannot force people to get vaccinated against covid-19,” Brnovich said in a statement. “The Biden administration is once again flouting our laws to impose its radical agenda,” he added.

In the lawsuit, the attorney general of Arizona, a state bordering Mexico, argued that the mandatory nature of vaccines violates the Equality Clause established in the 14th amendment of the Constitution, by “favoring” migrants who entered the country illegally to the detriment of the American citizens.

“Migrants who have crossed the southern border illegally are not subject to any vaccination requirements, even when they enter the United States directly,” Brnovich said.

“This reflects an undeniable and unconstitutional favoritism in favor of illegal migrants,” he continued.

Brnovich asked a court to declare mandatory vaccination unconstitutional.

Several Republican governors have spoken out against Biden’s order.

Asked last week about the legal challenges of tightening vaccination rules, a defiant Biden said, “Let them do it (sue).”

Biden’s measure was launched just as the delta variant has fueled the increase in covid cases in the country.

In announcing the order, Biden referred to the estimated 80 million eligible Americans who have not yet received their dose to be immunized against the disease that has killed more than 650,000 in the United States.

“We have been patient, but patience is running out,” said the 78-year-old president. “And your refusal costs us all, so please do the right thing.”

Biden’s decision requires all federal officials to get vaccinated, as well as companies with more than 100 employees. Companies could be fined if they fail to comply with the mandate.

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