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MISSOURI v. YELLEN

No. 21-2118.

39 F.4th 1063 (2022)

State of MISSOURI, Plaintiff-Appellant v. Janet L. YELLEN, in her official capacity as Secretary of the Treasury; Richard Delmar, in his official capacity as acting inspector general of the Department of the Treasury; U.S. Department of the Treasury, Defendants-Appellees National Taxpayers Union Foundation, Amicus on Behalf of Appellant(s) State of Arizona; State of Alabama; State of Alaska; State of Arkansas; State of Idaho; State of Kansas; State of Kentucky; State of Louisiana; State of Mississippi; State of Montana; State of Nebraska; State of North Dakota; State of Ohio; State of Oklahoma; State of South Carolina; State of Tennessee; State of Texas; State of Utah; State of West Virginia; Chamber of Commerce of the United States of America; National Federation of Independent Business Small Business Legal Center, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2022.

Attorney(s) appearing for the Case

Dean John Sauer , Justin D. Smith , Attorney General's Office, Jefferson City, MO, Michael E. Talent , Deputy Solicitor, Attorney General's Office, Saint Louis, MO, for Plaintiff-Appellant.

Stephen Ehrlich , U.S. Department of Justice, Federal Programs, Washington, DC, Alisa Beth Klein , Brian David Netter , Mark B. Stern , Daniel Winik , U.S. Department of Justice, Appellate Section, Washington, DC, for Defendants-Appellees.

Joseph Henchman , National Taxpayers Union Foundation, Washington, DC, for Amicus on Behalf of Appellant(s) National Taxpayers Union Foundation.

Drew C. Ensign , Senior Litigation Counsel, Attorney General's Office, Phoenix, AZ, for Amici Curiae State of Arizona, State of Alabama, State of Alaska, State of Arkansas, State of Idaho, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of West Virginia.

Paul D. Clement , Erin Murphy , Clement & Murphy, Alexandria, VA, Elizabeth Hedges , Kasdin Miller Mitchell , Laura Wolk , Kirkland & Ellis, Washington, DC, Daryl L. Joseffer , Paul Lettow , U.S. Chamber of Commerce, Washington, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

Paul D. Clement , Erin Murphy , Clement & Murphy, Alexandria, VA, Elizabeth Hedges , Kasdin Miller Mitchell , Laura Wolk , Kirkland & Ellis, Washington, DC, Karen R. Harned , Rob Smith , National Federation of Independent Business Small Business Legal Center, Washington, DC, for Amicus Curiae National Federation of Independent Business Small Business Legal Center.

Before SMITH, Chief Judge, BENTON and KELLY, Circuit Judges.

Missouri challenges the Secretary of the Treasury's implementation of the American Rescue Plan Act of 2021 (ARPA), Pub. L. No. 117-2, 135 Stat. 4. Missouri argues that the Secretary's "erroneously broad interpretation" of a provision in ARPA— the "Offset Restriction"—...

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