October 17, 2021

13 states sue Biden over ‘power grab’ disguised as COVID relief package

Thanks to the Biden administration’s enthusiastic support of everything from a sweeping election overhaul to new restrictions on how coronavirus relief funds can be spent, states now find themselves subject to a whole new level of federal overreach, but the good news is that Republicans are fighting back.

As The Hill reports, an alliance of 14 GOP attorneys general filed suit against the Biden administration on Wednesday, claiming that a significant provision in the $1.9 trillion American Rescue Plan that forbids states from using relief funds to offset tax cuts is unconstitutional.

The complaint, which was filed in Alabama federal district court takes issue with the spending restriction contained in the bill, something the plaintiffs refer to as “one of the most egregious power grabs by the federal government in the history of the United States,” as the Washington Examiner noted.

According to language contained in the relief bill, state governments may not use funding obtained by virtue of the relief bill as a means to offset tax cuts or credits, either “directly or indirectly,” and the attorneys general assert that determination of whether such use occurs is impossible given the fungible nature of money and is a violation of the 10th Amendment, the anti-commandeering doctrine, and the conditional spending doctrine.

West Virginia Attorney General Patrick Morrisey blasted the provision, declaring, “Never before has the federal government attempted such a complete takeover of state finances,” adding:

We cannot stand for such overreach. The Constitution envisions co-sovereign states, not a federal government that forces states legislatures to forfeit one of their core constitutionally functions in exchange for a large check equal to approximately 25 percent of their annual respective general budgets.

In addition to West Virginia, states joining in the lawsuit include Alabama, Alaska, Arkansas, South Carolina, South Dakota, Utah, Florida, Iowa, Kansas, New Hampshire, Oklahoma, and Montana. A similar lawsuit was previously filed by Republican Ohio AG Dave Yost, as The Hill noted, and separate suits have also been initiated by Missouri and Arizona.

For its part, the Treasury Department earlier this month defended the mandate, suggesting that “the law does not say that states cannot cut taxes at all, and it does not say that if a state cut taxes, it must pay back all of the federal funding it received.”

Even so, Treasury Secretary Janet Yellen was likely not surprised by the lawsuit, explaining last week that the agency had 60 days from the time the law was enacted to provide detailed guidance on the matter and admitting that there was still a “host of thorny issues” that needed answers, the Examiner reported, saying:

We will have to define what it means to use money from this act as an offset for tax cuts, and given the fungibility of money, it’s a hard question to answer.

It remains to be seen whether the attorneys general will get any traction in the courts as they push back on the Biden administration’s latest move to unconstitutionally expand the power of the federal government.

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rt (@guest_1195238)
6 months ago

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Robert W (@guest_1195463)
6 months ago

This is the Demorat way of turning our country into a “communist nation” where the central government controls the country and the states lose the ability to manage their states!!!!

andrew (@guest_1195606)
Reply to  Robert W
6 months ago

this is what happens when you have idiots in power that have only one thing in mind to reverse everything that was in motion that made this country the great land that it was all they have created so far is more diversity chaos and monetary losses for the people paying their salaries it’s time to impeach the dimwits and make america gr8 again and safe

raymond lombardi (@guest_1195465)
6 months ago

I’m glad sleepy Joe is getting sued, now all that needs to happen is he needs to be forcefully removed from office along with Peloci and they need to be locked up

Mary Murphy (@guest_1197401)
Reply to  raymond lombardi
6 months ago

Please remember to lock up Harris too.

JAMES FISKE (@guest_1195469)
6 months ago

Its my prospective that there are a lot of thins BIDEN HAS BEEN DOING THAT ARE UNCONSTITION!!!!!

NEIL ROSEN (@guest_1195496)
Reply to  JAMES FISKE
6 months ago

I AGREE 100%

D Bent (@guest_1195733)
Reply to  JAMES FISKE
6 months ago

Convention of States . com Join to get term limits, reduce fed over-reach, and re-introduce balanced budgets.

James (@guest_1195472)
6 months ago

The covid bill was chocked full of “no help to the American people”. What has joe done for the American people, nothing. He has only supported the unwanted (minor) social events and wants. for the 1% of Americans that are making a big flip that mounts to nothing. Again, WHAT HAS JOE DONE FOR YOU? For that mater what has he done for any of the American people. All I can see is RAISED TAXES, unemployed over 200,000 people, spent 1.9 trillion that that is going to pet projects in pet states, made promises to central Americans that has created a CRISIS at the boarder, cancelled 50 perfectly executive orders just because Trump had a hand in them (spite), muddied the water on covid, is going to attempt to destroy guns and gun ownership, and is attempting to rewrite the voting laws changing them from state to federal laws. That is not all…
Fed Up

Annie-o (@guest_1196070)
Reply to  James
6 months ago

It is all piglosi bailing out all the blue states from their lack of fiscal management! She’s the trouble maker and the doer of evil deeds. Will be the downfall of the demonRats eventually!

Leo Ward (@guest_1195482)
6 months ago

What is wrong with the governing body in this our United States of America? What happened to the old adage one for all and all for one? It seems as though our lawmakers are doing everything in their power to bring America to her knees. We have no judicial system anymore so it seems. They are just sitting back and occupying their positions as if everything is great and they don’t have to make any decisions yeah or nay. What has happened to our great source of government anyway.We used to be the greatest country with the best fighting force in the world. Now all the other countries are just laughing at us waiting for the chance to walk in and take over our great country.All the veterans past and present just fought and gave their lives in vain I guess.I don’t think God will ever bless America again until we bough on our knees and turn back to him.

Dorothy Kohler (@guest_1195530)
Reply to  Leo Ward
6 months ago

I think China is just waiting in the wings thanks to idiot Joe.

Texas Tea Partier (@guest_1195522)
6 months ago

Just keep ramming it down our throats. We will secede from this corrupt federal government. We have done it before and we will do it again.

TANGI WALKER (@guest_1195741)
Reply to  Texas Tea Partier
6 months ago

Yes!

Janice (@guest_1195564)
6 months ago

I think every state should sue. It’s about time Biden was called out for the liar he is. He is destroying our country, and he deserves to be sued to all the states.

John Bridges (@guest_1195573)
6 months ago

Time to IMPEACH 46. Remove his cabinet, remove Nancy Pelosi, Chuck Schumer, Adam Schiff, Kamala Harris, trial for Treason ASAP.

Debra (@guest_1195711)
Reply to  John Bridges
6 months ago

YES! Sooner rather than later!

Come on man! (@guest_1195610)
6 months ago

Fight back, thank goodness, fight back or succumb!

Lobo (@guest_1195626)
6 months ago

Joe Biden; Nancy Pelosi, Chuck Schumer, Adam Schiff, Obama, and Hillary should be prosecuted for treason for attempting a coup against President Trump.
The Supreme Court needs to stand up for the people. Do their job as they were sworn to do. At least look at all the voting fraud complaints. If the election was stolen, we would have a bogus president running the country.

Ken (@guest_1195637)
6 months ago

Where the hell is ND? We should join every lawsuit against Biden’s over reach. We need to stand up against his energy policy, immigrant policy, and wasteful spending policies.

gloria br0derick (@guest_1195671)
6 months ago

amen amen amen, everything said is all so true. lets all get going on an impeachment asap.

Bonniefree (@guest_1195705)
6 months ago

I think all the congress people who shoved that piece of crap bill through should also be named in the lawsuit, then EXPELLED FROM CONGRESS! They clearly are not working for the American people ! EITHER GET WITH IT OR GET OUT SHOULD BE THE NEXT BILL TO SHOVE THROUGH! This includes the incompetent Beijing Joe and his whole administration!

Debra (@guest_1195712)
6 months ago

Yes! Sooner rather than later!

John Pro (@guest_1195824)
6 months ago

We The People do not work for the government – the government works for We the People. The democrats are attempting to reverse our Constitutional Republic into communism by demanding they are in charge over our lives. Its too bad none of then know how to tell the truth. Their ways are of sleazy changing words so they sound like something that they are not.

Roy Fredrichsen (@guest_1195922)
Reply to  John Pro
6 months ago

John Pro.
The power hungry Democrats have forgotten the oath they swore to when they were elected “TO SERVE”
the people that voted them into office. Something about “To protect and defend the Constitution against
enemies foreign AND DOMESTIC”. Which do they qualify for?

Billy (@guest_1196279)
6 months ago

This what they wanted from day one extreme power for their party. Total control of the nation like in communist nations. Third sign in today

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