Ohio’s Buckeye Institute Urges Circuit Court to Kill Biden Tax Mandate

The Columbus-based Buckeye Institute this week filed an amicus brief in the federal court case challenging the authority the Biden administration has asserted to limit state tax-reduction efforts. 

Opponents of the White House policy are urging the U.S. Court of Appeals for the Fifth Circuit to rule in Texas v. Yellen that a provision of the American Rescue Plan Act (ARPA) cannot condition states’ receipt of federal aid on accepting “ambiguous” federally prescribed tax policy. Plaintiffs and their supporters further argue that President Joe Biden and his Treasury Secretary Janet Yellen cannot invoke their regulatory power to fix ARPA’s lack of clarity.

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