LA attorney general files suit over American Rescue Plan Act

In exchange for badly needed funds to assist the States of Texas, Mississippi and Louisiana and their citizens in recovering from the ongoing pandemic – the American Rescue Plan Act attempts to obligate these states to exercise their core sovereign power of taxation in the way the federal government prefers. Specifically, the Act prohibits the states from reducing net tax revenue on pain of forfeiting up to billions of dollars in federal funding.

This significant and unconstitutional condition demands that the states not use funds received through the Act to ‘directly or indirectly’ offset ‘a reduction in net tax revenue’ caused by a change in tax policy.

This condition applies regardless of the state’s current rate of COVID-19 infections, its current unemployment rate, or its views on the best way to alleviate the economic burdens associated with the pandemic.

As this action by the federal government violates the Spending Clause, the Anti-Commandeering Principle, and the Equal Sovereignty Principle – I trust the Court will grant us the relief we seek. I will continue to do all that I can to ensure the federal government does not usurp Louisiana’s constitutional authority to govern itself.