Court Strikes Down Bans on Masks, Testing, Vaccine Mandates; Critical Race Theory; and Vaccine Passports

Court Strikes Down Bans on Masks, Testing, Vaccine Mandates; Critical Race Theory; and Vaccine Passports

by | Sep 28, 2021 | Education, News

By Corinne Murdock |

On Monday, Maricopa County Superior Court Judge Katherine Cooper ruled that many laws passed within the recent budget were unconstitutional. Cooper stated that the legislation violated the single subject rule of the Arizona Constitution. The case, Arizona School Boards Association Inc., et al., v. State of Arizona, et al. (CV2021-012741) had a total of 15 plaintiffs. In all, Cooper’s ruling impacted a variety of budget-related bills, or BRBs: HB2898, SB1824, SB1825, and struck down SB1819 in its entirety.

“Subject and title of bills[:] Section 13. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such an act shall be void only as to so much thereof as shall not be embraced in the title.” (emphasis added)

In a copy of the opinion obtained by 12 News, Cooper asserted that Section 13 was made with the intent to prevent “logrolling”: inserting a multiplicity of subjects into one bill in order to push a vote through. The judge supported her claim with Arizona Supreme Court precedent. In explaining her decision to strike down all of SB1819, a sweeping bill that expanded voter registration, modified ballot security requirements, removed the secretary of state’s legal authority over election laws, established an election integrity fund, limited the length of public health emergencies, and created a special committee to audit the voter rolls, among other things.

“No matter how liberally one construes the concept of ‘subject’ for the single subject rule, the array of provisions are in no way related to nor connected with each other or to an identifiable ‘budget procedure.’ The bill is classic logrolling – a medley of special interests cobbled together to force a vote for all or none,” wrote Cooper. “In this case, the State’s view would allow the Legislature to re-define ‘budget reconciliation’ to mean anything it chooses. Going forward, the Legislature could add any policy or regulatory provision to a BRB, regardless of whether the measure was necessary to implement the budget, without notice to the public. The State’s idea of ‘subject’ is not and cannot be the law.” (emphasis added)

Cooper also asserted that the bills in question weren’t in compliance with the state constitution’s requirement that bill titles clearly reflect the content of the legislation.

In striking down the entirety of SB1819, Cooper explained that prior court decisions don’t allow for severability to salvage portions of the bill.

“When an act violates the single subject rule, the whole act fails,” stated Cooper.

Whereas for the other bills, Cooper explained that the certain provisions banning mask, vaccine, and testing mandates; critical race theory education; and vaccine passports weren’t reflected in the bill titles. Therefore, they were invalid.

As AZ Free News reported last week, the main plaintiff in the case, Arizona School Boards Association (ASBA), recently hosted a law conference where photos showed attendees maskless and not social distancing, though spokespersons informed us that masks were required. ASBA also told us they encouraged some attendees to take off masks momentarily and group together for pictures.

The mask mandate ban would’ve gone into effect on Wednesday.

Governor Doug Ducey’s spokesperson characterized the ruling as “judicial overreach.” The governor’s office promised that they would challenge the ruling.

“We are still reviewing the ruling, but this decision is clearly an example of judicial overreach. Arizona’s state government operates with three branches, and it’s the duty and authority of only the legislative branch to organize itself and to make laws,” stated Ducey’s spokesman. “Unfortunately, today’s decision is the result of a rogue judge interfering with the authority and processes of another branch of government. Further action will be taken to challenge this ruling and ensure separation of powers is maintained.”

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Ducey: Biden’s Vaccine Mandate on Private Employers ‘Big Government Overreach’

Ducey: Biden’s Vaccine Mandate on Private Employers ‘Big Government Overreach’

by | Sep 10, 2021 | News

By Corinne Murdock |

Governor Doug Ducey wasted no time to respond to President Joe Biden’s latest COVID-19 update given Thursday evening, calling the vaccine mandate for private employers “big government overreach,” “dictatorial,” and “un-American.” The governor indicated that court challenges would be sure to follow in the coming days. Ducey promised to push back against Biden’s orders.

Ducey tweeted the following while Biden was still announcing his executive order:

“This is exactly the kind of big government overreach we have tried so hard to prevent in Arizona — now the Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way,” wrote Ducey. “This will never stand up in court. This dictatorial approach is wrong, un-American and will do far more harm than good. How many workers will be displaced? How many kids kept out of classrooms? How many businesses fined? The vaccine is and should be a choice. We must and will push back.”

Biden announced that any employers with over 100 employees must require COVID-19 vaccinations or implement weekly testing. The White House estimated that this will impact over 80 million workers.

Furthermore, those employers must give paid time off (PTO) to those employees who choose to get vaccinated. That PTO rule will come from the Department of Labor’s Occupational Safety and Health Administration’s (OSHA) use of the Emergency Temporary Standard (ETS).

Federal employees will no longer have the opt-out for Biden’s vaccine mandate. Those employed by or contracting with the federal government must now get vaccinated. Additionally, any health care workers whose employers participate in Medicare and Medicaid must be vaccinated. A reported 50,000 providers will be affected – over 17 million health care workers.

Biden also announced that the TSA would increase the fine amount for those who don’t mask up while traveling.

The full list of all the new COVID-19 policies are available here.

As Press Secretary Jen Psaki explained, these new measures are part of the Biden Administration’s “Six Prong Plan” to overcome COVID-19. Psaki promised that these initial updated mandates were only the first to come in a series of new orders over the next few weeks.

The six prong plan is as follows: 1) get more people vaccinated; 2) prepare for booster [shots]; 3) keeping kids safe and in school; 4) increasing testing and masking; 5) protecting our economy; and 6) strengthening our surge response.

Preceding his announcement of updated COVID policies, Biden made a number of claims. He also took aim at elected leadership that opposed mandatory vaccinations or masking.

Biden claimed the COVID-19 vaccine was “safe [and] effective.” He didn’t elaborate on what his standards are for “effective”; the CDC has clarified that the vaccine isn’t 100 percent effective.

“This is a pandemic of the unvaccinated,” stated Biden. “And it’s caused by the fact that despite America having unprecedented and successful vaccination. Despite the fact that, for almost five months, three vaccines have been available in almost 80,000 different locations, we still have nearly 80 million Americans that have failed to get the shot.”

The president asserted that certain, unnamed elected officials were “actively working to undermine the fight against COVID-19.”

“Instead of encouraging people to get vaccinated and mask up, they’re ordering mobile morgues for the unvaccinated that have died from COVID in their communities,” said Biden. “This is totally unacceptable.”

Biden also claimed that having a 75 percent vaccination rate in the country wasn’t enough. According to the Mayo Clinic, it would take about 70 percent of the population who have recovered from COVID-19 to “halt the pandemic.” They didn’t offer a clear estimate of how many individuals would need to be vaccinated to achieve herd immunity.

However, the CDC stated in a study published last month that vaccination offers a higher protection than prior COVID-19 infection.

Watch Biden’s address here.

https://www.youtube.com/watch?v=WB1Awuu_DGc

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.