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Federal judge rules in favor of states fighting federal ‘tax mandate’

  
Via:  XXJefferson51  •  4 years ago  •  21 comments

By:   Mary Stroka

Federal judge rules in favor of states fighting federal ‘tax mandate’
“The Biden Administration was trying to punish fiscally responsible states like Iowa, which has a record budget surplus, and that’s why we took legal action,” Iowa Gov. Kim Reynolds said in a news release Tuesday about the victory. “With this ruling, Biden’s Administration can’t keep us from cutting taxes and I look forward to doing just that.”

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This is great news for America.  Congress and the President cannot as we knew use federal strings to control fiscal decisions at the state level.  Red states are now free to cut their taxes regardless what let’s go Brandon thinks or what blue states do as a result.  Count on economy stimulating tax cuts in the red states now!  


S E E D E D   C O N T E N T



Federal judge rules in favor of states fighting federal ‘tax mandate’


“The Biden administration was trying to punish fiscally responsible states,” Iowa Gov. Kim Reynolds says after legal victory.


The U.S. District Court for the Northern District of Alabama ruled in favor of 13 states that challenged an American Rescue Plan Act provision prohibiting states from using the federal funding to enact tax cuts.

“The Biden Administration was trying to punish fiscally responsible states like Iowa, which has a record budget surplus, and that’s why we took legal action,” Iowa Gov. Kim Reynolds said in a news release Tuesday about the victory. “With this ruling, Biden’s Administration can’t keep us from cutting taxes and I look forward to doing just that.”

Iowa was joined by Alabama, Alaska, Arkansas, Florida, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, Utah and West Virginia in the lawsuit.

The court ruled that Congress overstepped its authority under the Spending Clause of Article I , Section 8 of the U.S. Constitution by stating that states could not use the federal American Rescue Plan Act funding to reduce taxes. The plaintiff states called that part of ARPA a “Tax Mandate.”

While Congress can place conditions on states’ receipt of federal funding, there are limits on the conditions, including that Congress must make those conditions “unambiguously” so the state “can make an informed choice,” the ruling said, citing the 1981 case of Pennhurst State Sch.& Hosp. v. Halderman.

The court agreed with the states’ argument that the “Tax Mandate” portion of ARPA made it impossible for them to make an informed choice about the costs of receiving ARPA funds because they didn’t know how to exercise taxing authority without putting the funds in jeopardy, the ruling said.

Americans for Prosperity Iowa State Director Drew Klein told The Center Square in an emailed statement Tuesday that the states’ victory is an important win for taxpayers.

“The federal government’s attempt in this case to place conditions on funding to the states that would prevent them from enacting any form of tax-relief is unconstitutional and works against the interests of state taxpayers,” Klein said. “As this case continues to move through the appeals process, we are optimistic that higher courts will agree with today’s ruling.”

Iowans for Tax Relief Vice President and former House Majority Leader Chris Hagenow told The Center Square in an emailed statement Tuesday that the ruling would encourage legislators seeking to cut taxes in next year’s legislative session and cutting taxes would boost the economy.

“Iowa is on track to hold roughly $2 billion dollars of excess taxpayer money at the end of the current fiscal year. Instead of government sitting on this massive stockpile of taxpayer money, these funds should be used for permanent tax relief,” Hagenow said.

Reynolds approved tax cuts, including phasing out the state inheritance tax by 2025, in this year’s legislative session by signing SF619 in June.

Alabama, Alaska, Arkansas, Florida, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota and Utah, and West Virginia were the other states that sued.


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XXJefferson51
Senior Guide
1  seeder  XXJefferson51    4 years ago
The court agreed with the states’ argument that the “Tax Mandate” portion of ARPA made it impossible for them to make an informed choice about the costs of receiving ARPA funds because they didn’t know how to exercise taxing authority without putting the funds in jeopardy, the ruling said.

Americans for Prosperity Iowa State Director Drew Klein told The Center Square in an emailed statement Tuesday that the states’ victory is an important win for taxpayers.

“The federal government’s attempt in this case to place conditions on funding to the states that would prevent them from enacting any form of tax-relief is unconstitutional and works against the interests of state taxpayers,” Klein said. “As this case continues to move through the appeals process, we are optimistic that higher courts will agree with today’s ruling.”

Iowans for Tax Relief Vice President and former House Majority Leader Chris Hagenow told The Center Square in an emailed statement Tuesday that the ruling would encourage legislators seeking to cut taxes in next year’s legislative session and cutting taxes would boost the economy.

 
 
 
XXJefferson51
Senior Guide
1.1  seeder  XXJefferson51  replied to  XXJefferson51 @1    4 years ago

An Expensive Thanksgiving

Gary Varvel November 17, 
gv111621dAPR-620x461.jpg

 
 
 
XXJefferson51
Senior Guide
1.1.1  seeder  XXJefferson51  replied to  XXJefferson51 @1.1    4 years ago

Resisting overreaching by the federal government is appropriate and, yes, even patriotic

resisting-overreaching-by-the-federal-government-is-appropriate-and-yes-even-patriotic-quote-1.jpg
 
 
 
Jeremy Retired in NC
Professor Expert
2  Jeremy Retired in NC    4 years ago
The court ruled that Congress overstepped its authority...

There's no surprise.

While Congress can place conditions on states’ receipt of federal funding, there are limits on the conditions, including that Congress must make those conditions “unambiguously” so the state “can make an informed choice,” the ruling said, citing the 1981 case of Pennhurst State Sch.& Hosp. v. Halderman. The court agreed with the states’ argument that the “Tax Mandate” portion of ARPA made it impossible for them to make an informed choice about the costs of receiving ARPA funds because they didn’t know how to exercise taxing authority without putting the funds in jeopardy, the ruling said.

The Biden administration doesn't like that "informed choice" piece.  Seems they like their subjects dumb and relying on them.

 
 
 
XXJefferson51
Senior Guide
2.1  seeder  XXJefferson51  replied to  Jeremy Retired in NC @2    4 years ago
There's no surprise.

No, it is not.  Congress does that all the time, particularly when democrats are in the majority.  

The Biden administration doesn't like that "informed choice" piece.  Seems they like their subjects dumb and relying on them.

they are learning that we are informed citizens not willing to turn over our rights, and that we will not be anyone’s subjects.  Nor will we rely on them or ask for their permission for anything 

 
 
 
Jeremy Retired in NC
Professor Expert
2.1.1  Jeremy Retired in NC  replied to  XXJefferson51 @2.1    4 years ago
they are learning that we are informed citizens not willing to turn over our rights

It really gets under their skin.  It's made funny when their lemmings come after us.

 
 
 
XXJefferson51
Senior Guide
2.1.2  seeder  XXJefferson51  replied to  Jeremy Retired in NC @2.1.1    4 years ago

You are correct on both points!  Their lemmings are entertaining when they come yelling and screaming after us for daring to question their intelligence on these matters.  Getting under their skin is gravy.  

 
 
 
Tessylo
Professor Expert
2.1.3  Tessylo  replied to  XXJefferson51 @2.1.2    4 years ago
"daring to question their intelligence on these matters.  Getting under their skin is gravy.    

jrSmiley_91_smiley_image.gif

Their is no question regarding republicans and alleged conservatives.  

Also any chance to 'stick it to the libs' and y'all are happy.  

Fine upstanding 'christians' that you are.  

 
 
 
Tessylo
Professor Expert
2.1.4  Tessylo  replied to  XXJefferson51 @2.1.2    4 years ago
"You are correct on both points!"

No, he's not.  He is never correct on anything and never provides any facts or back ups for his 'claims'

 
 
 
Thrawn 31
Professor Participates
3  Thrawn 31    4 years ago

Sigh… the people of this country try definitely make me hate this country form time to time. Wel the people here. I am gonna enjoy fucking some of them up when they give some lip.

 
 
 
Greg Jones
Professor Participates
3.1  Greg Jones  replied to  Thrawn 31 @3    4 years ago

Comment a bit incoherent.

 
 
 
XXJefferson51
Senior Guide
3.1.1  seeder  XXJefferson51  replied to  Greg Jones @3.1    4 years ago

Hopefully there will be a return to expand upon what was meant.  Bottom line is that the congress and president overreached and tried to control state and local government beyond any legitimate constitutional measure.  

 
 
 
XXJefferson51
Senior Guide
3.2  seeder  XXJefferson51  replied to  Thrawn 31 @3    4 years ago

I most proud of America and it’s people when you are not.   America is an exceptional nation.  The greatest in the history of the world.  We love it when we the people stand up to domestic enemy regimes and go to court to halt them in their tracks.  1776 America and its traditions and culture and values truly rock!  

 
 
 
cjcold
Professor Quiet
3.2.1  cjcold  replied to  XXJefferson51 @3.2    4 years ago

So you are all in favor of slavery and abuse of power? Thought so.

Sure glad I don't live in the Jefferson utopia. 

 
 
 
XXJefferson51
Senior Guide
3.2.2  seeder  XXJefferson51  replied to  cjcold @3.2.1    4 years ago

Not in favor of slavery ever.  As to abuse of power, the judge is stopping such abuse here.  Telling states what they can and can’t do with their budgets and tax policy is an abuse of federal power.  I’m also glad that you don’t live in Jefferson or Greater Idaho


 
 
 
squiggy
Junior Silent
3.3  squiggy  replied to  Thrawn 31 @3    4 years ago

It sounds like he wants to use the color of police power to beat people for fun.

 
 
 
XXJefferson51
Senior Guide
3.3.1  seeder  XXJefferson51  replied to  squiggy @3.3    4 years ago

A police state with the power to control we the people seems to be their goal.  They after all are the elites who feel it their secular right to rule over us.  

 
 
 
JohnRussell
Professor Principal
3.3.2  JohnRussell  replied to  XXJefferson51 @3.3.1    4 years ago

Name one of your "freedoms" that has been taken away. 

The sheer idiocy that appears from the right on these forums takes the breath away. 

 
 
 
squiggy
Junior Silent
4  squiggy    4 years ago

I often experience bad navigation when playing by phone but my response was to 3.1 and it flows from the statement,

“I am gonna enjoy fucking some of them up when they give some lip.”

There are few ways to interpret that in light of the poster’s past statements. The result would be one of those freedoms - when the police can do as they feel.

 
 
 
squiggy
Junior Silent
4.1  squiggy  replied to  squiggy @4    4 years ago

… and that was to JR

 
 
 
XXJefferson51
Senior Guide
4.1.1  seeder  XXJefferson51  replied to  squiggy @4.1    4 years ago

What was?  

 
 
 
XXJefferson51
Senior Guide
4.2  seeder  XXJefferson51  replied to  squiggy @4    4 years ago

Stuff happens…Any way many of them seem to be in hiding mode.  3.1 is exactly right!  

 
 

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