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Motion for Leave to File Brief of Amicus Curiae The Buckeye Institute, Arizona v. Yellen, Doc. 83

Summary

Document 83, filed 10/24/22 in State of Arizona v. Janet Yellen, in her official capacity as Secretary of the Treasury, et al., No. 2:21-cv-514-DJH, in the District of Arizona. The Buckeye Institute moves for leave to file a brief as amicus curiae in support of the State of Arizona, stating that both parties consented. It describes itself as founded in 1989 as an independent research and educational institution and says it can assist the Court on federalism, State and local tax policy and the consequences of the American Rescue Plan Act. The filing includes a proposed order and is signed by Andrew M. Grossman, with Robert Alt also counsel for the Institute.

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“Motion for Leave to File Brief of Amicus Curiae The Buckeye Institute, Arizona v. Yellen, Doc. 83.” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/file-amicus-curiae-state-of-arizona-v-yellen-no-2-21-cv-00514-d-ariz-d-d376cf285b/, SHA-256 7174ad65ee56e13aa63d2300d0e37cc0a493cc0fe98135ea0f75218b1223eb36.

Full text

                                  Case 2:21-cv-00514-DJH Document 83 Filed 10/24/22 Page 1 of 5



                            1
                            2   Andrew M. Grossman
                            3    Counsel of Record
                                Admitted Pro Hac Vice
                            4   BAKER & HOSTETLER LLP
                            5   Washington Square, Suite 1100
                                1050 Connecticut Avenue, N.W.
                            6   Washington, D.C. 20036
                                Telephone: 202.861.1500
                            7   Facsimile: 202.861.1783
                            8   agrossman@bakerlaw.com

                            9   Robert Alt
                           10   THE BUCKEYE INSTITUTE
                                88 East Broad Street, Suite 1300
                           11   Columbus, Ohio 43215
                                Telephone: 614.224.4422
B AKER & H OSTE TLER LLP
                           12   robert@buckeyeinstitute.org

   A TTORNEYS AT L AW
                           13
                                Counsel for Amicus Curiae
      W ASHINGTO N
                           14   The Buckeye Institute
                           15
                           16                       IN THE UNITED STATES DISTRICT COURT

                           17                                   DISTRICT OF ARIZONA

                           18
                                State of Arizona,                        No.: 2:21-cv-514-DJH
                           19
                                                 Plaintiff,              MOTION FOR LEAVE TO FILE
                           20                                            BRIEF OF AMICUS CURIAE
                                       v.
                                                                         THE BUCKEYE INSTITUTE
                           21
                                Janet Yellen, in her official            IN SUPPORT OF
                           22   capacity as Secretary of the             THE STATE OF ARIZONA
                                Treasury, et al.;
                           23
                           24                    Defendants.

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                                  Case 2:21-cv-00514-DJH Document 83 Filed 10/24/22 Page 2 of 5



                            1          Pursuant to Fed. R. Riv. P. 7(b) and Local Rule 7.2, The Buckeye Institute
                            2   moves this Court for permission to file the concurrently lodged brief as amicus curiae in
                            3   support of the State of Arizona.
                            4          Both parties have consented to the filing of the brief.
                            5          Amicus curiae The Buckeye Institute was founded in 1989 as an independent
                            6   research and educational institution—a “think tank”—to formulate and promote free-
                            7   market solutions for Ohio’s most pressing public policy problems. The Buckeye
                            8   Institute is dedicated to upholding the balance of power between States and the federal
                            9   government as prescribed by the U.S. Constitution and to creating a pro-growth
                           10   economic tax system and ensuring responsible government spending. Through its
                           11   Legal Center, The Buckeye Institute engages in litigation in support of these ideals.

B AKER & H OSTE TLER LLP
                           12   Given The Buckeye Institute’s extensive work on both federalism and State and local

   A TTORNEYS AT L AW
                           13   tax policy, it is well-positioned to assist this Court by “supplementing the efforts of
                                counsel and drawing the court’s attention to law that might otherwise escape
      W ASHINGTO N
                           14
                           15   consideration,” Funbus Sys., Inc. v. Calif. Pub. Utils. Comm’n, 801 F.2d 1120, 1125 (9th
                           16   Cir. 1986), as well as by drawing the court’s attention to myriad consequences of the
                           17   American Rescue Plan Act.
                           18          Given The Buckeye Institute’s interest in the issues at the heart of this case—
                           19   and because this case is of significant, national import—it has an institutional interest
                           20   in this Court’s ruling. Granting The Buckeye Institute’s motion would neither delay
                           21   proceedings, nor prejudice the parties in light of this Court’s scheduling order (Dkt.
                           22   No. 81) and the parties’ consent to the filing of the brief.
                           23          For the foregoing reasons, The Buckeye Institute respectfully requests that this
                           24   Court grant this motion for leave to file its amicus brief.
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                                                                           –1–
                                 Case 2:21-cv-00514-DJH Document 83 Filed 10/24/22 Page 3 of 5



                            1   Dated: October 24, 2022               Respectfully submitted,
                            2
                            3
                                                                      By:   /s/Andrew M. Grossman
                            4
                                Robert Alt                            Andrew M. Grossman
                            5   THE BUCKEYE INSTITUTE                 Counsel of Record
                            6   88 East Broad Street, Suite 1300      BAKER & HOSTETLER LLP
                                Columbus, Ohio 43215                  Washington Square, Suite 1100
                            7   Telephone: 614.224.4422               1050 Connecticut Avenue, N.W.
                                robert@buckeyeinstitute.org
                            8                                         Washington, D.C. 20036
                                                                      Telephone: 202.861.1500
                            9                                         Facsimile: 202.861.1783
                                                                      agrossman@bakerlaw.com
                           10
                           11                                         Counsel for Amicus Curiae
                                                                      The Buckeye Institute
B AKER & H OSTE TLER LLP
                           12

   A TTORNEYS AT L AW
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                                  Case 2:21-cv-00514-DJH Document 83 Filed 10/24/22 Page 4 of 5



                            1                               CERTIFICATE OF SERVICE
                            2         I hereby certify that on October 24, 2022, I caused the foregoing motion to be
                            3   filed with the Court electronically using the CM/ECF system, which will send a
                            4   notification to all counsel of record.
                            5
                                Dated: October 24, 2022                            /s/Andrew M. Grossman
                            6
                                                                                                                 .




                                                                                   Andrew M. Grossman
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B AKER & H OSTE TLER LLP
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                                  Case 2:21-cv-00514-DJH Document 83 Filed 10/24/22 Page 5 of 5




                            1
                            2
                            3
                            4
                            5
                                                    IN THE UNITED STATES DISTRICT COURT
                            6
                                                                DISTRICT OF ARIZONA
                            7
                            8   State of Arizona,                          No.: 2:21-cv-514-DJH
                            9                    Plaintiff,                [PROPOSED] ORDER
                           10          v.
                           11   Janet Yellen, in her official
                                capacity as Secretary of the
B AKER & H OSTE TLER LLP
                           12
                                Treasury, et al.;

   A TTORNEYS AT L AW
                           13
                           14                    Defendants.
      W ASHINGTO N
                           15
                           16          Before the Court is a Motion for Leave to File Brief of Amicus Curiae The

                           17   Buckeye Institute in Support of the State of Arizona. The Court will grant the
                           18   Motion.
                           19          IT IS ORDERED that the Clerk will file on the docket the Brief of Amicus
                           20   Curiae The Buckeye Institute in Support of the State of Arizona, lodged with the
                           21   Court on October 24, 2022.
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