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Federal judge slaps down Biden’s move to limit states’ tax cuts
Washington Times ^ | July 2, 2021 | By Dave Boyer

Posted on 07/02/2021 12:22:10 PM PDT by Jim Robinson

A federal judge ruled that a provision in President Biden’s $1.9 trillion coronavirus relief law limiting states from cutting taxes is unconstitutional.

U.S. District Judge Douglas Cole issued the permanent injunction requested by Ohio Attorney General Dave Yost, a Republican who argued the administration was trying to impose a “tax mandate” on states.

“The Biden administration reached too far, seized too much and got its hand slapped,” Mr. Yost said. “This is a monumental win for the preservation of the U.S. Constitution — the separation of powers is real, and it exists for a reason.”

Mr. Yost had filed a lawsuit against the Treasury Department and Treasury Secretary Janet Yellen, saying that the provision in the Democrats’ $1.9 trillion “American Rescue Plan” barring states from using the federal aid to offset tax cuts “directly or indirectly” is unconstitutional.

The judge ruled on Thursday that the tax mandate “falls short of the clarity” that Supreme Court precedent requires for the Constitution’s spending clause covering grants to states. He disagreed with Ms. Yellen’s argument that Treasury regulations clarified the question.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; US: Ohio
KEYWORDS: 63to30; article10; biden; bidenvoters; coronavirusrelieflaw; daveyost; douglascole; douglasrcole; frankeasterbrook; frankheasterbrook; ohio; sdohio; separationofpowers; statetaxes; taxes; trumpjudge
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1 posted on 07/02/2021 12:22:10 PM PDT by Jim Robinson
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To: Jim Robinson

Wonderful News


2 posted on 07/02/2021 12:27:35 PM PDT by Conserv
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To: Jim Robinson

“Treasury Regulations” are authoritative over the States? That is f***ing preposterous.
Janet Yellen just like that RCA dog that barks when her boss mumbles (or farts, or burps, or sniffs).
To dogs everywhere - I did not mean to insult you.


3 posted on 07/02/2021 12:29:46 PM PDT by Honest Nigerian
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To: Jim Robinson

The powers behind the democrat party know that. But they tried anyway.
They will try even worse things.


4 posted on 07/02/2021 12:35:05 PM PDT by I want the USA back (The government under democrats is a criminal enterprise.)
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To: Jim Robinson

No worries, they’ll just add that any state thats cuts taxes, the residents of those states will be taxed at a higher fed rate. After all, the individual mandate is constitutional per Roberts.


5 posted on 07/02/2021 12:37:58 PM PDT by shotgun
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To: shotgun

It’s not a tax, it’s a ‘fee’.


6 posted on 07/02/2021 12:40:42 PM PDT by Semper Vigilantis (The price of Freedom is Resposibility. Si vis pacem, para bellum. )
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To: Jim Robinson

Yes! We’ve been getting a lot of wins lately. For once.


7 posted on 07/02/2021 12:45:21 PM PDT by livius
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
U.S. District Judge Douglas Cole issued the permanent injunction requested by Ohio Attorney General Dave Yost, a Republican who argued the administration was trying to impose a “tax mandate” on states.

8 posted on 07/02/2021 12:52:45 PM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: Jim Robinson

Good!


9 posted on 07/02/2021 1:04:09 PM PDT by Rusty0604 (" When you can't make them see the light, make them feel the heat." -Ronald Reagan)
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Trump appointee


10 posted on 07/02/2021 1:05:10 PM PDT by RightWingNutJob69
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To: shotgun
No worries, they'll just add that any state thats cuts taxes, the residents of those states will be taxed at a higher fed rate

Which will be swiftly knocked down by the SCOTUS. Totally unconstitutional. Wanna try again?

11 posted on 07/02/2021 1:05:27 PM PDT by SmokingJoe
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To: Jim Robinson

There was a provision to limit tax-cuts? Wut?

Makes you wonder what else was buried in those bills that is still lurking in the dark.


12 posted on 07/02/2021 1:18:44 PM PDT by ScubaDiver (Reddit refugee.)
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To: Jim Robinson
When all government ...in little as in great things... shall be drawn to Washington as the center of all power; it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated." -- Thomas Jefferson, 1821

Jefferson saw this coming 200 yrs ago.

13 posted on 07/02/2021 1:19:11 PM PDT by SanchoP
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To: SmokingJoe

I guess by your response I should have added a sarcasm tag.


14 posted on 07/02/2021 1:37:59 PM PDT by shotgun
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To: SmokingJoe

Well, to be fair, you’re talking about democrats who use the constitution for toilet paper, so they might actually try it...

Yes, it would probably be shot down. But they might try it, then think up some other insane method to tax us more, even taxing our taxes is not out of bounds for these critters.

Democrats never met a tax they didn’t like. Just the idea that it might not survive a court challenge will not stop them trying it for 3 seconds.


15 posted on 07/02/2021 1:52:01 PM PDT by Paleo Pete (You can't fix stupid, but you can numb it with a 2X4...)
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To: Jim Robinson

He’ll get his tax money any way with all the inflation the more you pay the more tax money he gets democrats wink.


16 posted on 07/02/2021 2:48:09 PM PDT by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: Cboldt; Jim Robinson

Are dems going to sue with the complaint that limitations on SALT deductions (for federal taxes) is unconstitutional?


17 posted on 07/02/2021 3:31:57 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Jim Robinson

Look on the bright side Joe you still get 10% from Hunter


18 posted on 07/02/2021 4:06:38 PM PDT by butlerweave
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To: Jim Robinson

Let’s see if we get a bill that forbids states from *raising* taxes.


19 posted on 07/03/2021 4:32:27 AM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: SanchoP

I wish I could use that Jefferson quote as my tagline, but it’s too long for FR.


20 posted on 07/03/2021 10:51:59 AM PDT by Deo volente ("When we see the image of a baby in the womb, we glimpse the majesty of God's creation." Pres. Trump)
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