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Supplemental authorities (FRAP 28j), State of Texas v. Yellen, No. 22-10560 (5th Cir.), Doc. 101 (March 23, 2023)

Summary

Letter dated March 23, 2023 from the U.S. Department of Justice Civil Division, Appellate Staff, to Clerk of Court Lyle W. Cayce of the U.S. Court of Appeals for the Fifth Circuit in Texas v. Yellen, No. 22-10560, which is set for argument April 3, 2023. The letter, signed /s/ Daniel Winik, reports two developments since the case was fully briefed. First, on January 18, the government sought rehearing en banc of the Sixth Circuit's decision in Kentucky v. Yellen on the Offset Provision. Second, on January 20, the Eleventh Circuit concluded that the plaintiff States established jurisdiction over their challenge to the Offset Provision and that the provision is unconstitutional; the government has petitioned for rehearing en banc.

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“Supplemental authorities (FRAP 28j), State of Texas v. Yellen, No. 22-10560 (5th Cir.), Doc. 101 (March 23, 2023).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/supplemental-authorities-frap-28j-state-of-texas-v-yellen-no-22-10560-cd123cf8cb/, SHA-256 6fa469d97a71d36132c1e2f964b8854ec23df4ba512d2bfcfe2ef53c13da39cb.

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      Case: 22-10560      Document: 101      Page: 1       Date Filed: 03/23/2023




                                                  U.S. Department of Justice
                                                  Civil Division, Appellate Staff
                                                  950 Pennsylvania Ave. NW
                                                  Washington, DC 20530

                                                                       Tel: (202) 305-8849

                                                  March 23, 2023
Via CM/ECF

Lyle W. Cayce, Clerk of Court
U.S. Court of Appeals for the Fifth Circuit
600 South Maestri Place
New Orleans, LA 70130

       RE:    Texas v. Yellen, No. 22-10560 (set for argument April 3, 2023)

Dear Mr. Cayce:

       I write regarding two developments since this case was fully briefed.
       First, on January 18, the government sought rehearing en banc of the Sixth
Circuit’s decision in Kentucky v. Yellen, 54 F.4th 325 (6th Cir. 2022), which incor-
rectly held the Offset Provision to be unenforceable “[a]s a matter of statutory
interpretation,” id. at 347. On March 13, the Sixth Circuit directed the plaintiff
States to respond to the rehearing petition by March 27.
        Second, on January 20, the Eleventh Circuit decided West Virginia v. Depart-
ment of the Treasury, 59 F.4th 1124 (11th Cir. 2023), holding that the plaintiff States
established jurisdiction over their challenge to the Offset Provision and that the
provision is unconstitutional. The government has petitioned for rehearing en
banc of the Eleventh Circuit’s decision.
                                              Sincerely,

                                              /s/ Daniel Winik
                                              Daniel Winik


cc:    All counsel (via CM/ECF)

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