Brett Kavanaugh Stands Alone in Supreme Court Case – By Katherine Fung (Newsweek) / June 12, 2023
Supreme Court Justice Brett Kavanaugh found himself all alone on a case challenging federal restrictions over the funds approved by the American Rescue Plan Act (ARPA), willing to hear Ohio v. Yellen while the court’s eight other justices refused.
On Monday, the Supreme Court released a new order list, granting no new cases, including one brought by Ohio Attorney General Dave Yost against Treasury Secretary Janet Yellen. “The petition for a writ of certiorari is denied,” the order list reads. “Justice Kavanaugh would grant the petition for a writ of certiorari.”
Yost, a Republican, had filed the suit against the ARPA’s tax-cut restriction, which prohibited states to appropriate the federal funds to “directly or indirectly offset a reduction in the net tax revenue of such State or territory.” However, Yellen issued new rules repealing the provision after the lower courts agreed with Yost that the restriction was unconstitutional.
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