Application (22A652) to extend the time to file a petition for a writ of certiorari from February 16, 2023 to April 17, 2023, Ohio v. Yellen, No. 22-880 (U.S.) (January 18, 2023)

Summary

An unopposed application in the Supreme Court of the United States by the State of Ohio, applicant, against Janet Yellen, Secretary of the Treasury, and others, addressed to Brett Kavanaugh, Associate Justice and Circuit Justice for the Sixth Circuit. Ohio asks for a 60-day extension of time, until Monday, April 17, 2023, to file a petition for a writ of certiorari seeking review of State of Ohio v. Yellen in the Sixth Circuit. The application states that the respondents do not oppose and that the extension would let Ohio align its case with a parallel petition. It describes the Sixth Circuit holding that Ohio's challenge to the Tax Mandate was moot and a Kentucky v. Yellen decision on Tennessee's challenge. It closes with the name of Benjamin M. Flowers.

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Cite this document

“Application (22A652) to extend the time to file a petition for a writ of certiorari from February 16, 2023 to April 17, 2023, Ohio v. Yellen, No. 22-880 (U.S.) (January 18, 2023).” Original at www.supremecourt.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/application-22a652-to-extend-the-time-to-file-a-petition-for-a-writ-of-4a9b3d6f38/, SHA-256 5344aab262b956e2f4ce3c652ae8b4b06b344f3edb0bb89b11d677b1b806b5ff.

Full text

No. 22A______

In the Supreme Court of the United States
________________________________
STATE OF OHIO,
Applicant,
v.
JANET YELLEN, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE TREASURY, RICHARD
K. DELMAR, IN HIS OFFICIAL CAPACITY AS ACTING INSPECTOR GENERAL OF THE DE-
PARTMENT OF THE TREASURY, AND THE U.S. DEPARTMENT OF THE TREASURY,

Respondents.
__________________________________

ON PETITION FOR WRIT OF CERTIORARI TO
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
___________________________________

UNOPPOSED APPLICATION FOR AN EXTENSION OF TIME IN WHICH
TO FILE A PETITION FOR WRIT OF CERTIORARI
___________________________________

DAVE YOST
Ohio Attorney General
BENJAMIN M. FLOWERS*
Ohio Solicitor General
*Counsel of Record
Ohio Solicitor General
ZACHERY P. KELLER
MAY MAILMAN
MATHURA J. SRIDHARAN
Deputy Solicitors General
30 East Broad Street, 17th Floor
Columbus, Ohio 43215
614-466-8980
614-466-5087, fax
bflowers@ohioago.gov

Counsel for Applicant
TO THE HONORABLE BRETT KAVANAUGH, ASSOCIATE JUSTICE OF THE SUPREME
COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SIXTH CIRCUIT:

Pursuant to Supreme Court Rules 13.5, 22, and 30, the State of Ohio respect-

fully seeks a 60-day extension of time, until Monday, April 17, 2023, in which to file

a certiorari petition seeking review of State of Ohio v. Yellen, et al., 53 F.4th 983

(6th Cir. 2022) (attached at Appendix A). The Court has jurisdiction under 28

U.S.C. §1254(1), because Ohio is challenging the constitutionality of a federal law.

Counsel for the respondents has informed Ohio that the respondents do not

oppose this request. And there is good cause for an extension. In particular, an ex-

tension will enable Ohio to align its case with a parallel petition. This case involves

Ohio’s challenge to the “Tax Mandate,” which is codified at 42 U.S.C. §802(c)(2)(A).

The Sixth Circuit held that Ohio’s challenge was moot. On that basis, it vacated the

District Court’s judgment, which permanently enjoined the respondents from en-

forcing the Mandate against Ohio. But on the same day, in a case brought by Ken-

tucky and Tennessee, the Sixth Circuit held that Tennessee’s challenge to the Man-

date was not moot. Kentucky v. Yellen, 54 F.4th 325, 329 (6th Cir. 2022). It went on

to affirm an order enjoining the Mandate’s enforcement against Tennessee. Id. at

358.

Ohio will petition for review. And Ohio expects the respondents to petition for

a writ of certiorari in Kentucky, as the Sixth Circuit in that case enjoined the en-

forcement of a federal law. But the respondents have not confirmed whether they

will seek certiorari or not. Their decision to seek review (or not) will affect the

presentation of the issues in Ohio’s petition. And if the respondents do seek review,
it would be most efficient for the Court to consider the cases together. An extension

will allow Ohio greater ability to ensure that its petition and the respondents’ pro-

ceed on a similar track.

* * *

In sum, Ohio respectfully requests that the Court extend the time in which to

petition for a writ of certiorari until April 17, 2023.

2
DAVE YOST
Ohio Attorney General
/s/ Benjamin M. Flowers
BENJAMIN M. FLOWERS*
Ohio Solicitor General
*Counsel of Record
Ohio Solicitor General
ZACHERY P. KELLER
MAY MAILMAN
MATHURA J. SRIDHARAN
Deputy Solicitors General
30 East Broad Street, 17th Floor
Columbus, Ohio 43215
614-466-8980
614-466-5087, fax
bflowers@ohioago.gov

Counsel for Applicant

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