Louisiana Joins Texas and Mississippi in Federal Lawsuit
The office of Attorney General Jeff Landry released a statement saying the state has joined our neighbors in suing the federal government over the American Rescue Plan. More specifically, the suit claims the tax mandate in Section 9901 is unconstitutional.
All three states are arguing the Act’s tax mandate violates the U.S. Constitution. They're wanting the court to declare it unconstitutional and place an injunction on the tax mandate to prevent the federal government from using it against states.
Louisiana Attorney General Jeff Landry had this to say from the press release:
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.
Essentially, the three states are saying it's unconstitutional for the federal government to tell the states how to spend money from the American Rescue Plan. Landry later states in the press release that he believes it directly violates the Spending Clause, the Anti-Commandeering Principle, and the Equal Sovereignty Principle.
Landry also added, "I will continue to do all that I can to ensure the federal government does not usurp Louisiana’s constitutional authority to govern itself."
You can read the entire lawsuit here.