Order on Motion to File Amicus Curiae , State of Arizona v. Yellen, No. 2:21-cv-00514 (D. Ariz.), Doc. 94 (January 10, 2023)

Summary

Order in State of Arizona, et al. v. Janet Yellen, et al., No. CV-21-00514-PHX-ROS, Doc. 94, District of Arizona, filed January 10, 2023. The Court states that the Sixth Circuit recently concluded the "offset provision" in the American Rescue Plan Act of 2021 "is impermissibly vague under the Spending Clause" and that it will take no action on the pending motions until Defendants have decided whether to seek further review. It grants the Motion to File Amicus (Doc. 83) and directs the Clerk of Court to file the brief lodged at Doc. 84. Defendants shall file a status report no later than five days after seeking further review or the deadline passing, and Plaintiff shall respond no later than five days after that filing. The order names Roslyn O. Silver, Senior United States District Judge.

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      Case 2:21-cv-00514-ROS Document 94 Filed 01/10/23 Page 1 of 2



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 6                       IN THE UNITED STATES DISTRICT COURT
 7                               FOR THE DISTRICT OF ARIZONA
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 9   State of Arizona, et al.,                          No. CV-21-00514-PHX-ROS
10                  Plaintiff,                          ORDER
11   v.
12   Janet Yellen, et al.,
13                  Defendants.
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15          The Sixth Circuit recently concluded the “offset provision” in the American Rescue
16   Plan Act of 2021 “is impermissibly vague under the Spending Clause.” Kentucky v. Yellen,

17   54 F.4th 325, 330 (6th Cir. 2022). Defendants subsequently filed a document in this case
18   stating they “disagree with the Sixth Circuit’s ruling on the merits . . . and are currently

19   considering their options for further review.” (Doc. 91 at 10). The Court will take no

20   action on the pending motions in this case until Defendants have decided whether to seek
21   further review of the Sixth Circuit’s opinion. Once Defendants seek additional review, or
22   the deadline for doing so has passed, Defendants will be required to file a status report. If

23   Defendants seek further review, their status report shall indicate whether the present case

24   should be stayed pending that review. If Defendants opt not to seek further review, the

25   status report shall state whether they plan to enforce the offset provision against all states

26   except Tennessee. Plaintiff will then be required to file a response within five days.
27          Accordingly,
28          IT IS ORDERED the Motion to File Amicus (Doc. 83) is GRANTED. The Clerk
       Case 2:21-cv-00514-ROS Document 94 Filed 01/10/23 Page 2 of 2



 1   of Court shall file the brief lodged at Doc. 84.
 2             IT IS FURTHER ORDERED no later than five days after seeking further review
 3   of the Sixth Circuit’s opinion, or the deadline for such review passing, Defendants shall
 4   file a status report. Plaintiff shall file a response no later than five days after Defendants’
 5   filing.
 6             Dated this 10th day of January, 2023.
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 9                                                       Honorable Roslyn O. Silver
10                                                       Senior United States District Judge

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