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Federal Judge Issues Permanent Injunction Against Biden Tax Plan, Agrees With Ohio GOP That Tax Mandate Is Unconstitutional

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A federal judge just put the stop to more Joe Biden overreach and ruled against him in a key states’ rights case handing a massive victory to the Ohio GOP in the process. The judge ruled that a provision in President Biden’s $1.9 trillion coronavirus relief law that stopped states from cutting taxes is unconstitutional.

U.S. District Judge Douglas Cole issued the permanent injunction requested by Ohio Attorney General Dave Yost, a Republican who made the winning argument that the Biden administration was trying to impose a “tax mandate” on states.

“The Biden administration reached too far, seized too much and got its hand slapped,” Yost said. “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.”

“American Democracy once again defeats an attempt to take away states’ rights,” Yost said. “This case is about the separation of power and I am pleased that the court agreed with our position that the Tax Mandate is out of bounds.”

Yost later tweeted, “The federal government needs to stay in its lane. If they don’t we’re going to bump them up against the wall and keep them where they belong”

Judge Cole ruled that the tax mandate “falls short of the clarity” that Supreme Court precedent requires for the Constitution’s spending clause as it relates to conditional grants given to states. 

“Accordingly, the Court finds that the Tax Mandate exceeds Congress’s power under the Constitution,” Cole ruled. “The Court further finds that Ohio has met the conditions for injunctive relief to prevent the ongoing harm that this constitutional violation is causing.”

“We are confident that the act is constitutional and Treasury is committed to implementing it in a manner consistent with Congress’s direction so we can continue to promote a robust and equitable recovery,” a spokesperson with the Treasury Department said.

From The Washington Examiner:

Yost touted the ruling as “a huge win for our federalist system” and pointed out that while Democrats might be disappointed with the decision, they might see it differently in the future. He said he sees the judgment as having broader implications than just this one provision.

“The progressives are going to be howling right now because they don’t like the idea that the federal government can’t tell Ohio what to do with its tax policy, but they’ll be quoting this decision soon enough to a Republican president who might want to tell a blue state how to run their state,” Yost said.

While Ohio was the first to sue the Biden administration over the tax mandate, it is not alone in its litigation on the matter.

Several other states have joined another federal lawsuit contending that the mandate violates the 10th Amendment, the conditional spending doctrine, and the anti-commandeering doctrine. Arizona Attorney General Mark Brnovich also filed a lawsuit attacking the provision.

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