Administration
West Virginia, Coalition Win ARPA Appellate Victory Against Biden
Administration
— Huge Implications for WV Income Tax Cut Proposal —
CHARLESTON — West Virginia Attorney General Patrick Morrisey announced Friday that a West Virginia-led coalition had secured a key win in the U.S. Court of Appeals for the 11th Circuit in Atlanta. The decision, which West Virginia argued in September, stemmed from the Biden administration’s appeal of a November 2021 victory that had protected the well-established authority of states to lower taxes for their citizens.
In April of last year, Attorney General Morrisey led a 13-state bipartisan coalition in suing the Biden administration to stop the “tax mandate” buried in the American Rescue Plan Act of 2021. The coalition argued federal treasury officials cannot force states to relinquish control of their taxing authority in return for much-needed economic aid related to COVID-19. By broadly preventing all 50 states from exercising their tax powers effectively, the stimulus bill provision amounted to one of the most egregious power grabs by the federal government in the nation’s history.
“This decision will provide significant additional flexibility to the State Legislature as it debates how best to cut taxes,” Attorney General Morrisey said. “There should be no excuses about whether to cut taxes anymore — my office is providing the legal tools to the legislature and governor to be very aggressive in providing tax relief to our people.”
The district court in November held the tax mandate violates the U.S. Constitution’s Spending Clause. The court ruled that Congress must be clear if it intends to impose a condition on the granting of federal monies — that is, it must do so unambiguously. The U.S. Department of the Treasury and the Secretary of the Treasury appealed that decision in January of last year.
“I’m pleased the Eleventh Circuit saw the case the way we did: it’s about states’ sovereignty,” Attorney General Morrisey said. “Our lawsuit was designed to protect West Virginia from federal overreach. We have fought back against that overreach with the November 2021 win in district court, but the Biden administration kept on insisting their interpretation of the law is correct.”
“It was not, and the court agreed.”
In the decision released Friday afternoon, the appeals court wrote: “The Constitution does not give the federal government authority to require states to enact the laws or policies that Congress prefers. … Allowing Congress to run roughshod over the States’ sovereign rights would threaten dual sovereignty and would be a step toward ‘vest[ing] power in one central government.’”
Among other things, the coalition had argued that the tax mandate violates the Spending Clause because it is ambiguous, coercive in tying this condition to billions in funds to the states, unrelated to APRA’s purpose of repairing the pandemic’s economic damage, and independently unconstitutional.
Attorney General Morrisey Announces $83M Opioid Settlement with Walgreens
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