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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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