Unopposed motion to extend time to file appellants' brief, State of Texas v. Yellen, No. 22-10560 (5th Cir.), Doc. 18 (July 6, 2022)

Summary

An unopposed motion for an extension of time to file the opening brief, filed July 6, 2022, in the U.S. Court of Appeals for the Fifth Circuit in State of Texas v. Yellen, No. 22-10560 (Doc. 18). The federal government requests a 30-day extension, to and including August 24, 2022, of the deadline for its opening brief, and states that plaintiffs do not oppose it. The motion describes the case as a challenge to a provision of the American Rescue Plan Act and states that the district court concluded that provision was unconstitutional. It states that Daniel Winik has principal responsibility for preparing the government's brief and Alisa B. Klein has principal supervisory responsibility, and lists other filings each has due. The motion is signed /s/ Daniel Winik.

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“Unopposed motion to extend time to file appellants' brief, State of Texas v. Yellen, No. 22-10560 (5th Cir.), Doc. 18 (July 6, 2022).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/unopposed-motion-to-extend-time-to-file-appellants-brief-state-of-texa-ef0f5ebedf/, SHA-256 bfb2a3e8acf328c5c109ee1b220dab9d5d1ede0ee886a841d645da7d446732de.

Full text

Case: 22-10560 Document: 18 Page: 1 Date Filed: 07/06/2022

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

STATE OF TEXAS; STATE OF MISSISSIPPI;
STATE OF LOUISIANA,

Plaintiffs-Appellees,

v.
No. 22-10560
JANET YELLEN, in her official capacity as Secretary
of the Treasury; RICHARD K. DELMAR, in his offi-
cial capacity as Acting Inspector General of the De-
partment of the Treasury; UNITED STATES
DEPARTMENT OF THE TREASURY; UNITED
STATES OF AMERICA,

Defendants-Appellants.

UNOPPOSED MOTION FOR AN EXTENSION
OF TIME TO FILE OPENING BRIEF

The federal government respectfully requests a 30-day extension, to and includ-

ing August 24, 2022, of the deadline for its opening brief. There is good cause for the

requested extension, and plaintiffs do not oppose it.

1. This is a challenge to a provision of the American Rescue Plan Act, which

provided nearly $200 billion in new federal grants to help States “mitigate the fiscal

effects” of the Covid-19 pandemic. 42 U.S.C. § 802(a)(1). The Act affords States con-

siderable latitude to determine how best to use the allocated funds for pandemic-related

purposes but provides that they may not use the funds “to either directly or indirectly

offset a reduction in the[ir] net tax revenue … resulting from” certain changes to state
Case: 22-10560 Document: 18 Page: 2 Date Filed: 07/06/2022

law. Id. § 802(c)(2)(A). The district court held that provision unconstitutional and en-

joined its enforcement against plaintiffs.

2. Daniel Winik has principal responsibility for preparing the government’s

brief. Mr. Winik also has principal responsibility for preparing the government’s en

banc brief in Feds for Medical Freedom v. Biden (5th Cir. No. 22-40043, due July 27), for

presenting oral argument in Kentucky v. Yellen (6th Cir. No. 21-6108, set for July 21) and

Center for Food Safety v. Vilsack (9th Cir. No. 21-15883, set for July 27), and for various

internal matters.

3. Alisa B. Klein, who has principal supervisory responsibility in this case, is

also responsible for supervising upcoming filings in Restaurant Law Center v. Department

of Labor (5th Cir. No. 22-50145, response brief due July 8); United Therapeutics Corp. v.

Johnson (D.C. Cir. No. 21-5304, reply brief due July 27); Wall v. CDC (11th Cir. No. 22-

11532, response brief due July 27); and Livingston Educational Service Agency v. Becerra (6th

Cir. No. 22-1257, response brief due August 1), and for various internal matters.

4. As noted above, plaintiffs do not oppose the requested extension.

-2-
Case: 22-10560 Document: 18 Page: 3 Date Filed: 07/06/2022

Respectfully submitted,

MARK B. STERN
ALISA B. KLEIN

/s/ Daniel Winik
DANIEL WINIK
Attorneys, Appellate Staff
Civil Division, Room 7245
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
(202) 305-8849

-3-
Case: 22-10560 Document: 18 Page: 4 Date Filed: 07/06/2022

CERTIFICATE OF COMPLIANCE

Pursuant to Fed. R. App. P. 32(g), I hereby certify that this motion complies with

the requirements of Fed. R. App. P. 27(d)(1)(E) because it has been prepared in 14-

point Garamond, a proportionally spaced font, and that it complies with the type-vol-

ume limitation of Fed. R. App. P. 27(d)(2)(A) because it contains 305 words, according

to Microsoft Word.

/s/ Daniel Winik
Daniel Winik

File and source

File: 18-unopposed-motion-filed-by-appellants-janet-yellen-mr-richard.pdf
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Our copy: 18-unopposed-motion-filed-by-appellants-janet-yellen-mr-richard.pdf
Original: storage.courtlistener.com