A civil liberties organization has supported Ohio’s attempt to invalidate a federal law prohibiting states from using coronavirus aid to offset tax cuts, arguing that a proposed Treasury regulation made the statute more ambiguous.

In a Wednesday amicus brief, the nonprofit New Civil Liberties Alliance said the U.S. Department of the Treasury’s interim final rule on the American Rescue Plan Act’s provision barring states from using federal aid to offset net revenue reductions failed to cure the law’s ambiguities and erected an administratively complex system for states to follow. The NCLA asked the court to declare the law unconstitutional and enjoin its enforcement, saying it violates state sovereignty.

Published on Law360