OHIO v. YELLEN

No. 21-3787.

53 F.4th 983 (2022)

State of OHIO, Plaintiff-Appellee, v. Janet YELLEN, in her official capacity as Secretary of the U.S. Department of the Treasury; Richard K. Delmar, in his official capacity as Acting Inspector General of the U.S. Department of the Treasury; United States Department of the Treasury, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2022.


Attorney(s) appearing for the Case

ARGUED: Daniel Winik , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Daniel Winik , Sarah E. Harrington , Alisa B. Klein , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Benjamin M. Flowers , Sylvia May Davis , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. Joseph D. Henchman NATIONAL TAXPAYERS UNION FOUNDATION, Washington, D.C., Paul D. Clement , KIRKLAND & ELLIS LLP, Washington, D.C., Gary P. Gordon , Jason T. Hanselman , Kyle M. Asher , DYKEMA GOSSETT PLLC, Lansing, Michigan, Robert Alt , THE BUCKEYE INSTITUTE, Columbus, Ohio, John J. Vecchione , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., Timothy Sandefur , Jacob Huebert , GOLDWATER INSTITUTE, Phoenix, Arizona, Drew C. Ensign , OFFICE OF THE ARIZONA ATTORNEY GENERAL, Phoenix, Arizona, for Amici Curiae.

Before: GRIFFIN, DONALD, and BUSH, Circuit Judges.


OPINION

Seeking to mitigate the devastating economic effects of COVID-19, Congress enacted the American Rescue Plan Act ("ARPA" or "the Act") in March 2021. See 42 U.S.C. § 802 et seq. ARPA appropriated $195.3 billion in aid to the states and the District of Columbia. But to get the money...

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