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KENTUCKY v. YELLEN

No. 21-6108.

54 F.4th 325 (2022)

Commonwealth of KENTUCKY; State of Tennessee, Plaintiffs-Appellees, 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. Brett R. Nolan , OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, for Appellees. ON BRIEF: Daniel Winik , Alisa B. Klein , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellants. Brett R. Nolan , Barry L. Dunn , Matthew F. Kuhn , OFFICE OF THE ATTORNEY GENERAL OF KENTUCKY, Frankfort, Kentucky, Andrée S. Blumstein , Brandon J. Smith , OFFICE OF THE ATTORNEY GENERAL AND REPORTER OF TENNESSEE, Nashville, Tennessee, for Appellees. Paul D. Clement , KIRKLAND & ELLIS LLP, Washington, D.C., Joseph D. Henchman , NATIONAL TAXPAYERS UNION FOUNDATION, Washington, D.C., Sheng Li , NEW CIVIL LIBERTIES ALLIANCE, Washington, D.C., Drew C. Ensign , OFFICE OF THE ATTORNEY GENERAL OF ARIZONA, Phoenix, Arizona, for Amici Curiae.

BUSH, J., delivered the opinion of the court in which DONALD, J., joined in full, and NALBANDIAN, J., joined in part. NALBANDIAN, J. (pp. 358-64), delivered a separate opinion concurring in part and dissenting in part.

OPINION

In response to the grave economic challenges posed by COVID-19, Congress enacted the American Rescue Plan Act of 2021 ("ARPA" or "the Act"). Pursuant to Congress's spending power, ARPA set aside $195.3 billion in stimulus funds, to be distributed by the Treasury Department to states and the District...

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