Sen. Marshall Signs Amicus Brief in Support of State Fiscal Flexibility

(Washington, D.C., April 12, 2021) – U.S. Senator Roger Marshall issued the following statement after joining his colleagues in signing an amicus brief, filed by the American Center for Law and Justice, in support of Ohio’s lawsuit in Ohio v. Yellen. This lawsuit charges that the recently passed American Jobs Act unlawfully restricts the states’ ability to reduce taxes. 

“The federal government should not be in the business of telling states how to set their own fiscal policy in exchange for federal assistance,” said Senator Marshall. “This piece of legislation provides the Biden Administration with unharnessed power when it comes to states’ tax policy, and provides uncertainty as states work to recover from the pandemic. It’s a clear example of federal overreach, and I’m proud to stand with my colleagues to defend the American people from yet another one of the Democrat’s blatant power grabs.”

The brief focuses on the tax cut restrictions found in section 602 of the Coronavirus State and Local Fiscal Recovery Funds, arguing that the provision exceeds Congress’s power under the Spending Clause, and that the conditions exceed the conditioning power recognized by the Supreme Court. 

Click HERE to read the brief in full.