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Conditional Spending

American Rescue Plan Act

Federalism

Eleventh Circuit Becomes Second Federal Appellate Court to Strike Down Tax Mandate Condition in 2021 Covid Stimulus Bill

Like the Sixth Circuit before it, the Eleventh ruled that the requirement that states receiving stimulus money refrain from cutting taxes was never clearly authorized by Congress.

Ilya Somin |The Volokh Conspiracy | 1.24.2023 5:33 PM

Spending Clause

Sixth Circuit Concludes ARPA Condition on COVID Relief Violates Spending Clause

The U.S. Court of Appeals for the Sixth Circuit concluded some state challenges to the COVID relief bill were not justiciable, but reaches the merits in one case and finds the law lacking.

Jonathan H. Adler |The Volokh Conspiracy | 11.18.2022 7:32 PM

USAvaccineDreamstime

Coronavirus

Cato Supreme Court Review Article on the Supreme Court's January 2022 Vaccine Mandate Decisions

I am one of the relatively few people who think the Court got both cases right.

Ilya Somin |The Volokh Conspiracy | 8.9.2022 3:51 PM

Conditional Spending

Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds

Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.

Jonathan H. Adler |The Volokh Conspiracy | 5.19.2022 5:37 PM

Conditional Spending

"The Law of '. . . or Else'"

My review of Philip Hamburger's new book, Purchasing Submission.

Jonathan H. Adler |The Volokh Conspiracy | 12.17.2021 5:23 PM

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