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Joe Biden gets slapped down by the courts again with his unconstitutional proposals. It’s like Jimmy Carter all over again except that Carter was in full control of his senses. A Trump-appointed judge imposed a permanent injunction against Biden’s demand that would limit the tax cuts that states can dole out. I wonder if it has anything to do with the fact that only Republican states can afford to cut the taxes for their citizens. A provision in Joe Biden’s gigantic $1.9 trillion Coronavirus Aid bill that finances almost everything but coronavirus. The judge ruled that it is unconstitutional for Congress to tell states whether or not they can cut the taxes for their constituents. He argued that Biden was trying to impose a tax mandate on the states. U.S. District Judge Douglas Cole and therefore enacted a permanent injunction against the clause.
Yost said:
“The Biden administration reached too far, seized too much, and got its hand slapped. This is a monumental win for the preservation of the U.S. Constitution — the separation of powers is real, and it exists for a reason.”
The Washington Times reported :
A federal judge ruled that a provision in President Biden’s $1.9 trillion coronavirus relief law limiting states from cutting taxes is unconstitutional.
Mr. Yost had filed a lawsuit against the Treasury Department and Treasury Secretary Janet Yellen, saying that the provision in the Democrats’ $1.9 trillion “American Rescue Plan” barring states from using the federal aid to offset tax cuts “directly or indirectly” is unconstitutional.
The judge ruled on Thursday that the tax mandate “falls short of the clarity” that Supreme Court precedent requires for the Constitution’s spending clause covering grants to states. He disagreed with Ms. Yellen’s argument that Treasury regulations clarified the question.
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“The Tax Mandate exceeds Congress’s power under the Constitution,” Judge Cole wrote. Play Video
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