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The Buckeye Institute Fights Biden’s ARPA Tax Mandate in Court (Again)
Columbus, OH – On Monday, The Buckeye Institute filed an amicus brief in Texas v. Yellen with the U.S. Court of Appeals for the Fifth Circuit. The Buckeye Institute previously filed briefs in similar cases (Ohio v. Yellen, West Virginia v. Yellen, and Arizona v. Yellen),
which urged those respective courts to rule that the Biden
Administration’s tax mandate—included in the American Rescue Plan Act
(ARPA)—is ambiguous and therefore unenforceable and that the treasury
secretary cannot fix Congress’s error through regulatory action.
“As The Buckeye Institute has argued and several courts have already ruled,
Congress must act clearly if it is applying conditions to a state’s
receipt of federal funds and—in the case of this tax mandate—Congress
failed to do so,” said Robert Alt, president and chief executive officer
of The Buckeye Institute
and an attorney on the case. “What is clear, however, is that with this
federal tax mandate, the Biden Administration has attempted the most
sweeping usurpation of state taxing authority in U.S. history.”
“We
are confident that the Fifth Circuit will reject the Biden
Administration’s attempt to bulldoze the Constitution’s separation of
powers and usurp states’ core powers over state tax policy and public
health and safety,” said Andrew M. Grossman, a partner at Baker & Hostetler LLP and senior legal fellow at The Buckeye Institute.
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