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Ohio v. Yellen

Petition for certiorari denied on June 12, 2023

Docket No. Op. Below Argument Opinion Vote Author Term
22-880 6th Cir. N/A N/A N/A N/A OT 2022

Issue: (1) Whether courts have jurisdiction over a state"s constitutional challenge to the American Rescue Plan Act of 2021"s tax mandate, which bars states from using Rescue Plan funds to "directly or indirectly offset a reduction in ... net tax revenue ... resulting from a change in law, regulation, or administrative interpretation;" and (2) whether the tax mandate is unconstitutional.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/18/2023Application (22A652) to extend the time to file a petition for a writ of certiorari from February 16, 2023 to April 17, 2023, submitted to Justice Kavanaugh.
01/20/2023Application (22A652) granted by Justice Kavanaugh extending the time to file until April 17, 2023.
03/10/2023Petition for a writ of certiorari filed. (Response due April 13, 2023)
03/16/2023Motion to extend the time to file a response from April 13, 2023 to May 15, 2023, submitted to The Clerk.
03/17/2023Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
04/13/2023Brief amicus curiae of The Buckeye Institute filed.
04/13/2023Brief amicus curiae of Goldwater Institute filed.
04/13/2023Brief amici curiae of Texas, et al. filed.
05/15/2023Brief of respondents Janet L. Yellen, Secretary of the Treasury, et al. in opposition filed.
05/22/2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
05/22/2023Reply of petitioner Ohio filed. (Distributed)
05/23/2023DISTRIBUTED for Conference of 6/8/2023.
06/12/2023Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.